GIFT  OF 


«a 


STATE   OF   OKLAHOMA 


LAWS  AND  OPINIONS 

For  the  Regulation  and  Support  of  the 

COMMON  SCHOOLS 

LAWS  1910 


This  Book  is  the  preperty  of  School  District  No.^ 
County  of—  _OAr/a. 


County  Superintendent 


All  the  School  Laws  Now  in  Effect 

Carefully  Compiled  and 

Carefully  Annotated 


PREPARE?  BV 
HON.  E.  D.  CAMERON,    State  Superintendent 

AND 
HON.  JNO.  W.  WILKINSON,  Assistant  Superintendent 


247909 


OFFICIAL  ENDORSEMENT 


To  the  Teachers  and  School  Officials  of  Oklahoma: 

In  accordance  with  the  provisions  of  Section  5883  of  Wilson's  Statutes  of  Okla- 
homa which  makes  it  my  duty  as  State  Superintendent  to  publish  not  more  than  once 
in  two  years  the  school  laws  in  force,  with  such  forms  and  regulations,  instructions  and 
decisions  as  may  be  judged  expedient  thereto  annexed,  I  have  arranged  to  have  printed 
and  distributed  by  Hon.  Jasper  Sipes  of  Oklahoma  City  several  thousand  copies  of  the 
School  Laws. 

These  have  been  carefully  compiled  and  arranged  with  cross  references,  so  that  the 
various  passages  quoted  may  be  located  in  the  Session  Laws  of  the  various  Legislatures 
and  their  correctness  easily  ascertained.  It  is  somewhat  unfortunate  that  the  Report 
of  the  State  Code  Commission  is  not  available  at  this  time  so  that  all  apparent  conflicts 
in  the  Laws  might  be  eliminated.  However,  we  have  done  the  best  we  could  do  under 
the  circumstances  and  have  added  a  system  of  cross  references  to  the  Session  Laws  so 
that  wherever  conflicts  appear  the  provisions  of  the  later  statutes  may  be  followed.  The 
present  compilation  contains  all  the  important  school  legislation  passed  by  the  Special 
Session  of  the  Legislature  of  1910  as  well  as  that  of  all  previous  sessions.  Much  important 
legislation  has  been  passed,  but  much  additional  legislation  is  needed. 

I  desire  to  thank  publicly  Hon.  Bill  Cross,  Secretary  of  State,  for  copies  of  the 
Session  Laws  furnished  my  office  for  my  use  in  compiling  the  copy  for  the  School  Laws: 
Hon.  John  W.  Wilkinson,  the  Assistant  Superintendent  for  his  kind  assistance  in  the  work; 
and  Prof.  J.  M.  Osborn,  County  Superintendent  Neil  Humphrey,  Prof.  W.  S.  Calvert 
and  others  who  kindly  assisted  in  proof-reading  the  copy. 

The  thanks  of  all  the  teachers  in  the  state  are  due  Hon.  Jasper  Sipes  for  generously 
offering  to  print  and  distribute  free,  copies  of  the  School  Laws  to  all  the  teachers  and 
school  officials  in  the  state  upon  request.  The  importance  of  this  undertaking  will  be 
appreciated  when  it  is  known  that  the  present  condition  of  the  State  Printing  Fund  would 
not  justify  the  publication  of  the  School  Laws  at  this  time  if  printed  at  state  expense. 

Sincerely, 

E.  D.  CAMERON, 

State  Superintendent 


—2— 


LIST  OF  COUNTY  SUPERINTENDENTS  FOR  1910 

COUNTY  SUPERINTENDENT  POST  OFFICE 

Adair J.  B.  Johnson Stilwell Okla. 

Alfalfa Miss  Gertrude  Hotter Cherokee Okla. 

Atoka I.  L.  Cook Atoka Okla. 

Beaver G.  W.  Meeks Beaver Okla. 

Beckham A.  R.  Harris Sayre Okla. 

Blaine Mrs.  Emma  Gard  Mills Watonga Okla. 

Bryan H.  C.  King. Durant Okla. 

Caddo Mrs.  Wm.  McFayden Anadarko Okla. 

Canadian .Mrs.  Kate  Oldham El  Reno Okla. 

Carter .  Mrs.  Mary  Niblack Ardmore Okla. 

Cherokee A.  K.  Ralston Tahlequah Okla. 

Choctaw H.  G.  Bennett Hugo Okla. 

Cimarron Mrs.  Hettie  Britton Boise  City Okla. 

Cleveland B.  R.  McDonald Norman Okla. 

Coal M.  H.  Caywood Coalgate Okla. 

Comanche J.  A.  Johnson Lawton Okla. 

Craig H.  W.  C.  Shelton Vinita Okla. 

Creek .  .P.  T.  Frye Sapulpa Okla. 

Custer L.  B.  Snider Arapaho Okla. 

Delaware Steve  Peak Grove Okla. 

Dewey E.  M.  Frost Taloga Okla. 

Ellis J.  A.  McLain Arnett Okla. 

Garvin Miss  Pearl  Bradfield Pauls  Valley Okla. 

Grady R.  H.  Wilson Chickasha '.  .Okla. 

Greer G.  W.  Sims Mangum Okla. 

Garfield George  Rainey Enid Okla. 

Grant C.  M.  Jacobson Medford Okla. 

Harmon G.  P.  Morton Hollis Okla. 

Harper % Mrs.  Alma  Criswell Buffalo Okla. 

Haskell M.  L.  Cotton Stigler Okla. 

Hughes - B.  N.  Hicks Holdenville Okla. 

Jackson J.  M.  Dale Altus Okla. 

Jefferson L.  L.  Wade Ryan Okla. 

Johnson J.  Frank  Lilly Tishomingo Okla. 

Kay E.  A.  Duke Newkirk Okla. 

Kingfisher G.  E.  Moore Kingfisher Okla. 

Kiowa  .^ Miss  A.  E.  Lane Hobart Okla. 

Latimer Miss  Alice  Fleming Wilburton Okla. 

Le  Flore A.  H.  Crouthamel Poteau Okla. 

Lincoln O.  F.  Hayes. Chandler.  . Okla. 

Logan Neil  Humphrey. Guthrie.  .  . Okla. 

Love ;  Mrs.  R.  Anderson Marietta Okla. 

Major Charles  Wright Fairview Okla. 

Marshall W.  M.  Abernathy Madill Okla. 

Mayes Miss  Carlotta  Archer Pryor  Creek Okla. 

Murray Miss  Essie  Bell Sulphur Okla. 

Muskogee .  .  .  .  J.  F.  Gambill Muskogee Okla. 

McClain .  A.  J.  French Purcell Okla. 

McCurtain P.  K.  Faison Idabel Okla. 

Mclntosh L.  G.  Mclntosh Eufaula Okla. 

Noble William  Martin Perry Okla. 

Nowata Miss  Blanche  Larkin Nowata Okla. 

Okfuskee Mrs.  Mae  Noble. Okemah Okla. 

Oklahoma Mrs.  Mary  Couch Oklahoma  City Okla. 


Okmulgee E.  B.  Shotwell Okmulgee Okla. 

Osage W.  E.  Gill Pawhuska Okla. 

Ottawa J.  T.  Davis Miami.  .' Okla. 

Pawnee W.  R.  Robinson Pawnee Okla 

Payne R.  I.  Bilyeu Stillwater Okla. 

Pittsburg L.  E.  Christian McAlester Okla. 

Pontotoc T.  F.  Pierce Ada Okla. 

Pushmataha Erskine  Brantley Antlers Okla. 

Pottawatomie Clarence  Robison Tecumseh Okla. 

Roger  Mills T.  C.  Moore Cheyenne Okla. 

Rogers B.  H.  Hester Claremore Okla. 

Seminole W.  F.  Cooper Wewoka Okla. 

Sequoyah • Fred  Mershon Sallisaw Okla. 

Stephens G.  A.  Witt Duncan Okla. 

Texas H.  B.  Denman Guymon Okla. 

Tillman A.  A.  Rogers Frederick Okla. 

Tulsa William  Sattgast Tulsa Okla. 

Wagoner Frank  Shortall Wagoner Okla. 

Washita T.  H.  Hubbard Cordell Okla. 

Woods F.  O.  Hays Alva Okla. 

Washington Miss  Amanda  P.  Morgan Bartlesville Okla. 

Woodward . .  Mrs.  Sadie  Zimmerman .  .  .  .  Woodward Okla. 


ARTICLE   I. 
STATE   BOARD  OF   EDUCATION. 


SECTION  SECTION 

1.     Term  of  Office  and  Powers.  2.     Accepting  Grades  of  Colleges. 


Sec.  1.  (7955-S.)  Term  of  Office — Powers. — The  State  Superintendent  of 
Public  Instruction,  the  principal  or  president  of  the  State  Normal  School 
at  Edmond  and  the  president  of  the  University  of  Oklahoma,  superinten- 
dent of  city  schools  and  one  county  superintendent  to  be  appointed  by  the 
governor,  shall  constitute  the  State  Board  of  Education.  The  members 
thus  appointed  shall  hold  for  a  term  of  two  years. 

The  board  shall  have  the  power  to  grant  State  certificates  and  diplomas 
to  teachers,  certificates  to  conductors  and  instructors  of  normal  institutes, 
shall  prepare  questions  for  county  and  city  examinations.  The  State  board 
shall  estimate  the  amounts  required  to  carry  into  effect  the  provisions  of 
this  article  and  it  shall  be  the  duty  of  the  State  Board  of  Equalization  to 
levy  a  tax  for  the  same.  The  State  Board  of  Education  shall  be  empowered 
to  prepare  such  blanks  as  may  be  necessary  to  carry  the  provisions  of  this 
article  into  effect,  and  shall  constitute  an  advisory  board  on  all  matters 
pertaining  to  the  educational  interests  of  the  State.  The  members  of  the 
State  Board  of  Education  shall  receive  no  compensation  for  services,  but 
shall  be  allowed  all  necessary  expenses  incurred  by  the  discharge  of  their 
duties  as  members  of  said  board.  (S.  1893,  S.  5876.) 

Amended  by  the  State  Constitution  as  follows:  The  supervision  of  in- 
struction in  the  public  schools  shall  be  vested  in  a  Board  of  Education  whose 
powers  and  duties  shall  be  prescribed  by  law.  The  Superintendent  of  Pub- 
lic Instruction  shall  be  president  of  the  board.  Until  otherwise  provided 
by  law  the  governor,  secretary  of  state  and  attorney  general  shall  be  ex- 
officio  members,  and  with  the  superintendent  shall  compose  the  Board  of 
Education. 

Art.  XIII,  S.  312.     (Bunn's  Constitution.) 

An  Act  Conferring  Certain   Powers  on  the   Board  of   Education.     (Laws  of 

1901.) 

Sec.  2.  (7956-S.)  May  Accept  Grades  of  Colleges,  Other  Than  State 
Institutions:  That  upon  the  application  of  any  college,  university,  or  edu- 
cational institution  of  like  standing,  incorporated  under  the  general  laws 
of  the  State  of  Oklahoma,  the  State  Board  of  Education  shall  have  power 
to  examine  the  courses  of  study  prescribed  and  the  character  of  the  work 
done  and  if  in  the  judgment  of  said  board,  it  shall  prove  to  have  as  effi- 
cient a  course  of  study  as  those  of  the  State  normal  schools,  the  said  board 
of  education  shall  have  power  to  accept  grades  given  on  academic  subjects 
•completed  in  course  and  passed  in  regular  examinations  to  persons  who 
are  graduates  of  or  who  may  hereafter  be  graduated  from  such  institu- 
tions, in  lieu  of  the  examinations  on  the  same  subject  required  for  State 
certificate  which  said  board  is  empowered  to  give  by  Section  one  (1), 
Article  ten  (10),  Chapter  seventy-three  (73),  statutes  of  Oklahoma,  1893. 
(7955).  (L.  1901,  p.  214.) 


SECTION 

1.  Duties. 

2.  Apportionment. 

3.  Opinions. 

4.  Laws. 


ARTICLE  II. 
Superintendent  of  Public  Instruction. 

SECTION 

5.  Yearly  Visits. 

6.  Office    Whore. 

7.  Biennial  Reports. 


Sec.  1.  (7958-S). Duties:  The  educational  interests  of  the  State  shall 
be  under  the  supervision  and  management  of  the  State  Superintendent  of 
Public  Instruction  subject  to  such  limitations  and  restrictions  as  or  may 
be  prescribed  by  law;  and  he  shall  have  and  exercise  the  powers  and  per- 
form the  duties  pertaining  to  such  office.  (S.  1893,  S.  5880.) 

Sec.  2.  (7959-S).  — Apportionment.  As  Amended  by  the  Session  Laws 
of  1908.  S.  B.  No.  259: 

1.  The  commissioners  of  the  land  office  shall  apportion  the  income 
of  the  state  school  fund,  and  the  annual  taxes  collected  by  the  State  for 
the  support  of  public  schools,  to  those  counties  of  the  State  from  which 
proper  reports  have  been  received  by  the  Superintendent  of  Public  In- 
struction, and  such  apportionment  shall  be  made  as  follows:  All  such 
moneys  remaining  in  the  State  treasury  on  the  15th  day  of  January  shall 
be  apportioned  between  the  15th  and  the  last  day  of  such  month,  and  that 
remaining  on  the  15th  day  of  July  shall  be  apportioned  between  the  15th 
and  the  last  day  of  such  month.  The  apportionment  to  each  county  shall 
be  made  in  proportion  to  the  number  of  children  over  the  age  of  six  years 
and  under  the  age  of  twenty-one  years  resident  therein  as  shown  by  the 
last  annual  report  of  the  county  superintendent  to  the  State  superinten- 
dent. The  ^commissioners  of  the  land  office  in  distributing  all  funds 
mentioned  in  this  section,  shall  draw  their  order  on  the  State  treasurer 
or  other  officer  having  custody  of  such  funds,  in  favor  of  the  county 
treasurers  of  the  counties  respectively  entitled  to  school  moneys,  for  the 
amount  of  such  moneys  apportioned  to  his  county,  and  certify  the  amount  of 
such  order  to  the  State  treasurer,  and  also  to  the  >county  clerk  and  superin- 
tendent of  the  proper  county:  Provided,  that  the  Federal  appropriation  made 
shall  be  apportioned  by  said  commissioners  after  the  passage  of  this  act 
to  the  several  counties  entitled  to  the  same  under  act  of  congress  provid- 
ing for  said  appropriation,  in  proportion  to  the  number  of  children  of 
school  age  shown  by  the  last  Federal  census,  and  provided  that  lor  the 
year  1908,  the  commissioners  of  the  land  office  shall  have  thirty  days 
from  and  after  the  15th  day  of  March,  1908,  in  which  to  make  the  ap- 
portionment of  school  funds  to  the  various  counties  of  the  State. 

2.  The    commissioners    of   the    land    office    are    hereby    authorized    and 
empowered  to  make  all  necessary  rules  and  regulations,  for  the  purpose 
of  carrying  into  effect  the  provisions  of  this  law. 

3.  (Senate  Bill  No.  141.)     "An  Act  to  extend  the  time  for  making  the 
apportionment  of  the   school   fund  to  the  various   counties    by    the    State 
superintendent,   and   declaring   an    emergency,"   passed   and   approved   Jan- 
uary 17,  1908,  is  hereby  repealed.       (Ch.  76,  Art.  III.,  p.  666,  L.  1908.) 

Sec.  3.  (7960-S). — Opinions:  Such  Superintendent  shall,  at  the  re- 
quest of  any  county  or  city  Superintendent,  give  his  opinion  upon  a  written 
statement  of  facts  on  all  questions  and  controversies  arising  out  of  the 
interpretation  and  construction  of  the  school  laws  in  regard  to  the  rights, 
powers  and  duties  of  township  and  city  boards,  school  officers  and  county 
superintendents,  and  shall  keep  a  record  of  all  such  opinions.  Before 
giving  any  opinion  which  involves  the  construction  of  the  school  law  the 
Superintendent  shall  submit  the  statement  of  facts  to  the  attorney  gen- 


eral   forthwith,   for   his   opinion  thereon,   to   examine   such   statements   and 
suggest  the  proper  opinion  to  be  made  upon  such  facts.     (S.  1893,  S.  5882.) 

Sec.  4.  (7961-S.) — Laws:  Such  superintendent  not  more  than  once 
in  two  years  may  publish  the  school  laws  in  force,  with  such  forms,  reg- 
ulations, instructions  and  decisions  as  he  may  judge  expedient  thereto 
annexed  and  shall  cause  the  same  to  be  forwarded  to  the  persons  en- 
titled to  receive  them.  He  shall  prescribe  and  cause  to  be  prepared  all 
forms  and  blanks  necessary  in  the  details  of  the  public  school  system, 
so  as  to  secure  its  uniform  operation  throughout  the  State,  and  shall 
cause  the  same  to  be  forwarded  to  the  several  county  and  city  superinten- 
dents, to  be  by  them  distributed  to  the  several  persons  or  officers  en- 
titled to  receive  the  same.  (S.  1893,  S.  5883.) 

Sec.  5.  (7962-S). — Yearly  Visits:  It  shall  be  the  duty  of  such  super- 
intendent to  visit  each  county  in  the  State  at  least  once  in  each  year,  and 
as  much  oftener  as  may  be  consistent  with  the  discharge  of  his  duties, 
for  the  purpose  of  advancing  and  promoting  the  cause  of  education 
throughout  the  State,  and  to  open  such  correspondence  as  may  enable  him 
to  obtain  all  necessary  information  in  relation  to  the  system  of  schools  in 
other  states.  (S.  1893.  S.  5884.) 

Sec.  6.  (7963-S). — Office  Where:  Such  superintendent  shall  have  an 
office  at  the  seat  of  government,  where  he  shall  keep  all  books  and  papers 
pertaining  to  the  duties  of  his  office,  and  all  books,  school  and  other,  and 
all  apparatus,  maps  and  charts  belonging  to  the  office  of  the  State  Super- 
intendent and  such  as  may  hereafter  be  received  for  such  office  by  pur- 
chase, exchange  or  otherwise,  shall  be  .kept  and  preserved  in  such  office 
and  delivered  by  the  superintendent  to  his  successor.  He  shall  file  and 
carefully  preserve  in  his  office,  the  official  reports  made  to  him  by  the 
county  superintendents  of  the  several  counties,  trustees  or  directors  of 
academies,  graded  schools  or  colleges.  (S.  1893,  S.  5885.) 

Sec.  7.  (7964-S). — Biennial  Reports:  The  superintendent  shall,  on  the 
first  day  of  December  preceding  each  regular  session  of  the  legislature, 
make  out  and  deliver  to  the  governor  a  report  containing: 

First.  A  statement  of  the  number  of  public  schools  in  the  State,  the 
number  of  pupils  attending  the  same,  their  sex,  and  the  branches  taught; 
a  statement  of  the  number  of  private  schools  in  the  State,  so  far  as  can 
be  ascertained,  and  the  number  of  pupils  attending  the  same,  their  sex, 
and  the  branches  taught;  a  statement  of  the  normal  schools  in  the  State 
and  the  number  of  students  attending  them;  the  number  of  academies  and 
colleges  in  the  State,  the  number  of  students  and  their  sex,  attending  them; 
and  such  other  matters  of  interest  as  he  may. deem  expedient,  drawn  from 
the  reports  of  the  county  superintendents  of  the  several  Counties  in  the 
State,  and  from  other  reports  received  on  the  subject  of  education  from 
the  trustees  or  other  school  boards  within  the  State.  • 

Second.  A  statement  of  the  condition  of  the  public  school  funds  of 
the  State,  including  moneys,  school  lands  or  other  property  held  in  trust 
by  the  State  for  the  support  of  the  public  schools,  and  giving  a  full  state- 
ment of  the  school  land  account  of  each  county. 

Third.     A  statement  of  the  receipts  and  expenditures  of  the  year. 

Fourth.  A  statement  of  the  plans  for  the  management  and  improve- 
ments of  public  schools,  and  such  other  information  relating  to  the  edu- 
cational interests  of  the  State  as  he  may  deem  '  important.  (S.  1893, 
S.  5886.) 

—7— 


ARTICLE   III. 
County  Superintendent. 


SECTION 

1.  Creating  Office. 

2.  Oath  and  Bond. 

3.  Quarterly     Report — Visitation. 

4.  Appoitioning  School  Funds. 

5.  Report  to  County  Clerk. 

6.  Report  to  State  Superintendent. 

7.  Board  of  Directors — Vacancies. 

t  8.  Vacancy     in     County     Supt's.  Office. 


SECTION 

9.  Clerks  to  Make  Report. 

10.  Records. 

11.  Division  for  Districts. 

12.  White  and  Colored  Districts. 

13.  Notice  and  First  Meeting. 

14.  Deputy  Superintendent — Qualifications. 

15.  Forfeiture  of  Office. 

16.  Salary  and  Compensation. 


Sec.  1.  (7965-S). — Creating  Office:  There  is  hereby  created  the  office 
of  county  superintendent  of  public  instruction  for  each  county  in  Oklahoma, 
which  office  shall  be  filled  as  hereinafter  provided  by  election  and  ap- 
pointment, and,  when  elected  shall  be  elected  at  the  same  time  and  in  the 
same  manner  as  other  county  officers,  and  his  term  of  office  shall  be  for 
a  period  of  two  years,  or  until  his  successor  is  elected  and  qualified. 
(S.  1893,  S.  5749.) 

(As  Amended  1899)  The  term  of  office  of  the  county  superintendent 
of  public  instruction  shall  commence  on  the  first  Monday  in  July  after  his 
election. 

Sec.  2.  (7966-S). — Oath  and  Bond:  The  county  superintendent  of 
public  instruction,  shall,  before  he  enters  upon  the  duties  of  his  office, 
take  and  subscribe  an  oath  or  affirmation  to  support  the  constitution  of  the 
United  States  and  of  Oklahoma,  to  faithfully  discharge  the  duties  of  such 
office,  and  execute  to  the  State  of  Oklahoma  a  bond  in  the  sum  of  one 
thousand  dollars,  conditioned  to  the  faithful  performance  of  his  duties; 
which  bond,  after  having  been  approved  by  the  board  of  county  commis- 
sioners, together  with  his  official  oath  shall  be  filed  in  the  office  of  the 
county  clerk.  (S.  1893,  S  5750.) 

Sec.  3.  (7967-S). — General  Quarterly  Report,  Visitation,  etc:  It  shall 
be  the  duty  of  the  county  superintendent  of  public  instruction  to  visit  each 
school  in  his  county  at  least  once  each  term  of  six  months,  correcting  any 
deficiency  that  may  exist  in  the  government  of  the  school,  the  classifica- 
tion of  the  pupils,  or  the  method  of  instruction  in  the  several  branches 
taught,  to  make  such  suggestions  in  private  to  the  teachers  as  he  shall 
deem  proper  and  necessary  to  the  welfare  of  the  school,  to  note  the  char- 
acter and  condition  of  the  school  house,  furniture,  apparatus  and  grounds, 
and  make  a  report  in  writing  to  the  district  board,  making  such  sugges- 
tions as  in  his  opinion  shall  improve  the  same;  to  examine  the  accounts 
and  record  books  of  the  district  officers,  and  see  that  they  are  kept  as 
required  by  law;  to  emcourage  the  formation  of  associations  of  teachers 
and  educators  for  mutual  improvement,  and  as  far  as  possible  to  attend 
the  meetings  of  such  associations,  and  participate  in  the  exercises  of  the 
same,  to  attend  the  normal  held  in  his  county,  using  his  influence  to  se- 
cure the  attendance  of  teachers;  to  make  daily  personal  inspection  of  the 
work  of  the  institute  in  session,  and  to  keep  a  record  of  the  same  in  his 
office,  to  do  such  work  in  connection  with  the  exercises  of  the  institute 
as  he  may  deem  necessary;  to  hold  a  public  meeting  in  each  school  dis- 
trict of  his  county,  at  least  on>ce  every  year,  for  the  purpose  of  discussing 
school  questions  and  elevating  the  standard  of  education;  to  keep  his  of- 
fice open  at  the  county  seat  Saturday  of  each  week  and  in  counties  in 
which  the  county  superintendent  receives  a  salary  of  more  than  six  hun- 
dred dollars  per  annum,  he  shall  keep  his  office  open  when  not  necessarily 
absent  attending  to  his.  official  duties.  He  shall  keep  a  complete  record 
of  his  official  acts;  a  record  of  the  name,  age  and  postoffice  address  of 


each  candidate  for  a  teacher's  certificate,  with  the  number  of  weeks  said 
candidate  has  attended  a  normal  school  or  institute,  the  number  of  weeks 
he  has  taught,  his  standing  in  each  study  and  the  date  of  issue  and  ex- 
piration of  each  certificate  granted.  He  shall  keep  a  register  of  the 
teachers  employed  in  his  county,  giving  name  of  teacher,  number  of  dis- 
trict in  which  he  is  employed,  dates  of  opening  and  closing  term,  salary 
per  month,  grade  of  certificate  and  date  of  superintendent's  visit.  He 
shall  keep  a  record  of  the  semi-annual  apportionment  of  the  State  and 
county  school  funds,  and  such  other  statistical  records  as  shall  be  re- 
quired in  making  reports  to  the  State  superintendent  of  public  instruction. 
He  shall  make  out  and  transmit  to  the  State  superintendent,  on  the  last 
Monday  in  March,  June,  September  and  December  of  each  year,  a  report 
showing  the  number  of  school  visits  made  with  the  average  length  of  time 
spent  in  each  visit,  the  number  of  consultations  held  with  school  officers, 
the  number  of  days  his  office  has  been  kept  open,  the  number  of  district 
treasurers'  and  clerks'  record  books  examined,  the  number  of  teachers' 
meetings  attended,  the  number  of  public  lectures  delivered  and  such  other 
information  as  the  State  superintendent  may  require  regarding  the  duties, 
of  such  county  superintendent;  and  until  such  reports  shall  have  been  for- 
warded to  the  State  superintendent,  and  a  copy  thereof  filed  with  the 
county  clerk  for  publication,  and  that  fact  certified  by  the  said  county 
superintendent  to  the  board  of  county  commissioners,  the  warrant  for  his 
salary  shall  not  be  drawn.  The  county  superintendent  shall  obtain  from 
the  county  clerk,  at  least  ten  days  before  the  time  for  holding  the  annual 
school  meeting  each  year,  a  certified  statement  of  the  total  assessed  val- 
uation of  th  property  of  each  school  district  in  his  county  and  immediate- 
ly certify  the  same  to  the  several  school  district  clerks  of  his  county,  for 
the  information  of  the  annual  school  meeting;  and  it  is  hereby  made  the 
duty  of  said  county  clerks  to  make  out  said  certified  statements  and  de- 
liver the  same  to  the  county  superintendent.  (S.  1893,  S.  5751.) 

Sec.  4.  (7968-S).— Apportioning  School  Funds:  Within  five  days  after 
receiving  the  certificate  of  the  State  Superintendent  of  public  instruction 
informing  him  of  the  amount  of  State  school  fund  which  has  been  ap- 
portioned to  his  county,  the  county  superintendent  shall  apportion  the 
same,  together  with  the  unapportioned  county  school  fund  in  the  county 
treasury,  among  the  school  districts  and  parts  of  districts  in  such  county 
in  the  ratio  of  the  number  of  persons  of  school  age  residing  in  each  dis- 
trict or  part  of  district,  as  shown  by  the  last  annual  reports  of  the  several 
clerks  of  such  districts  and  parts  of  districts:  Provided,  that  no  district  in 
which  a  common  school  has  not  been  taught  for  at  least  three  months  the 
last  preceding  school  year  shall  be  entitled  to  receive  any  portion  of  said 
funds,  and  he  shall  draw  his  order  on  the  county  treasurer  in  favor  of  each 
of  the  several  school  district  treasurers  for  the  amount  apportioned  to  such 
district:  Provided,  however,  that  counties  in  which  districts  have  not  been 
organized,  and  schools  taught  said  districts  shall  be  entitled  to  receive  the 
school  fund  due  said  districts  under  the  apportionment.  (S.  1893,  S.  5752.) 

Sec.  5.  (7969-S). — Report  to  County  Clerk:  It  shall  be  the  duty  of 
the  county  superintendent  of  public  instruction  on  or  before  the  fourth 
day  of  July  of  each  year,  to  furnish  the  clerk  of  the  county  a  description 
of  the  boundary  of  each  and  every  school  district  and  part  of  district  in 
such  county.  (S.  1893,  S.  5753.) 

Sec.  6.  (7970-S). — Annual  Report  to  State  Superintendent:  He  shall, 
on  or  before  the  fifteenth  day  of  October  of  each  year,  make  out  and  trans- 
mit in  writing  to  the  State  superintendent  of  public  instruction  a  report, 
bearing  date  October  first,  containing  a  statement  of  the  number  of  the 
school  districts  or  parts  of  districts  in  the  county,  and  the  number  of  chil- 
dren and  their  sex,  resident  in  each,  over  the  age  of  six  and  under  the  age 
of  twenty-one  years;  a  statement  of  the  number  of  districts  schools  in  the 


county,  the  length  of  time  the  school  has  been  taught  in  each,  the  number 
of  scholars  attending  the  same,  their  sex,  the  branches  taught  and  the 
text  books  used;  the  number  of  teachers  employed  in  the  same  and  their 
sex,  a  statement  of  the  number  of  private  or  select  schools  in  the  county, 
so  far  as  the  same  can  be  ascertained,  and  the  number  of  teachers  em- 
ployed in  the  same,  their  sex,  and  the  branches  taught;  a  statement  of  the 
number  of  graded  schools  in  the  county,  the  length  of  time  school  has 
been  taught  in  each,  and  the  number  of  scholars  attending  the  same,  their 
sex,  and  the  branches  taught,  the  number  of  teachers  employed  in  the 
same,  and  their  sex;  a  statement  of  the  condition  of  the  normal  school 
where  such  school  has  been  established,  the  number  of  students  attending 
the  same,  their  sex,  and  the  number  of  teachers  employed  in  the  same  and 
their  sex;  a  statement  of  the  county  normal  institute;  a  statement  of  the 
number  of  icolleges  and  academies  in  the  county,  and  the  number  of  stu- 
dents attending  the  same,  their  sex,  the  number  of  teachers  employed  in 
each  and  their  sex;  a  statement  of  the  amount  of  public  money  received 
in  each  district  or  part  of  district,  and  what  portion  of  the  same,  if  any, 
has  been  appropriated  to  the  support  of  graded  schools;  a  statement  of 
the  amount  of  money  raised  in  each  district  by  tax,  and  paid  for  teachers' 
wages  in  addition  to  the  public  money  paid  therefor;  the  amount  of  money 
raised  by  tax  or  otherwise  for  the  purpose  ot  purchasing  school  site  for 
building,  hiring,  purchasing,  repairing,  furnishing  or  insuring  school  house, 
or  for  any  other  purpose  allowed  by  law,  in  the  district  or  parts  of  dis- 
tricts. (S.  1893,  S.  5754.  See  also  Ag.  and  Ind.  Ed.  4  and  Art.  XXXIII., 
9  and  15.) 

Sec.  7.  (7971-S).— Board  of  Directors— Vacancies— How  Filled:  Should 
a  vacancy  occur  in  the  board  of  directors  of  any  school  district,  it  shall  be 
the  duty  of  the  county  superintendent  to  appoint  some  suitable  person,  a 
resident  of  the  district  to  fill  the  same;  and  the  person  so  appointed  shall 
continue  in  office  until  the  next  annual  meeting  thereafter  and  until  his 
successor  is  elected  and  qualified.  (S.  1893,  S.  5756.) 

Sec.  8.  (7972-S.)  Vacancy  in  Office  of  County  Superintendent. — When 
a  vacancy  occurs  in  the  office  of  county  superintendent  of  public  instruc- 
tion, by  death,  resignation  or  otherwise,  notice  thereof  shall  be  given  by 
the  county  clerk  to  the  board  of  county  commissioners,  who  shall,  as  soon 
as  practicable,  appoint  some  suitable  person  to  fill  the  vacancy;  and  the 
person  receiving  appointment  shall  before  entering  upon  the  discharge  of 
the  duties  of  his  office,  file  his  oath  or  affirmation,  and  bond  in  the  county 
clerk's  office  as  hereinbefore  provided,  and  shall  hold  his  office  until  his 
successor  is  elected  and  qualified:  Provided,  That  no  person  shall  be 
eligible  to  the  office  of  county  superintendent  of  public  instruction  who  is 
not  a  graduate  of  some  institute  of  learning,  which  shall  be  shown  by 
diploma  thereof,  or  that  he  is  the  holder  of  a  first  class  certificate.  (S.  1893, 
S.  5757.) 

Sec.  9.  (7973-S).— Clerks  Shall  Make  Reports:  He  shall  see  that  the 
annual  reports  of  the  clerks  of  the  several  districts  and  parts  of  districts 
in  his  county  are  made  correctly  and  in  due  time;  he  shall  have  power  to 
administer  oaths  in  all  cases  in  which  an  oath  is  made  necessary  by  an.y 
provision  of  the  school  lav/;  except  in  the  qualifying  of  county  superinten- 
dents and  their  sureties.  (S.  1893,  S.  5758.) 

Sec.  10  (7974-S). — Records:  The  county  superintendent  of  public  in- 
struction of  the  respective  counties  of  this  State  may  purchase  for  each 
organized  school  district  in  his  county,  not  having  sufficient  records,  one 
set  of  school  district  records,  consisting  of  district  clerk's  records  and  other 
(order)  books,  district  treasurer's  book  and  a  teacher's  daily  register;  each 
of  said  books  shall  contain  such  printed  forms  and  instructions  as  will 
enable  the  teacher  and  the  school  district  officer  to  perform  with  'cor- 
rectness and  accuracy  their  several  duties  as  required  by  law:  Provided, 

—10— 


The  entire  set  of  said  records  as  above  enumerated,  shall  not  exceed  in 
cost  four  dollars  for  each  set;  and  the  said  superintendent  shall  draw  his 
order  or  warrant  on  the  county  treasurer  in  favor  of  the  person  he  pur- 
chased said  books  of,  for  the  amount  of  the  purchase  money,  and  it  is 
hereby  made  the  duty  of  said  treasurer  to  pay  said  warrant  or  order  out 
of  any  money  in  his  hands  belonging  to  the  respective  districts  in  his 
county:  Provided,  That  no  funds  in  the  hands  of  the  county  treasurer 
belonging  to  the  several  school  districts  of  his  county,  'shall  be  diverted 
from  the  object  for  which  said  fund  was  raised,  and  said  superintendent 
shall  deliver  said  bocks  to  the  clerk  of  the  district  board  of  said  district. 
(S.  1893,  S.  5759.) 

An  Act  relating  to  schools  and  amendatory  of  Section  12,  Article  1, 
Chapter  73  of  the  Statutes  of  Oklahoma. 

Sec.  11.  (7975-S). — Division  of  County  Into  School  Districts:  (As 
amended,  1897.)  It  shall  be  the  duty  of  the  county  superintendent  of  pub- 
lic instruction  to  divide  the  county  into  a  convenient  number  of  school 
districts  and  to  ichange  such  districts  when  the  interests  of  the  people 
may  require  it,  by  making  them  conform  to  existing  topographical  or  physi- 
cal conditions;  but  only  after  twenty  days'  notice  thereof,  by  written  notice 
posted  in  at  least  five  public  places  in  the  district  or  districts  so  alfected; 
but  no  district  shall  be  formed  containing  less  than  eight  persons  of  school 
age,  and  no  district  having  a  bonded  indebtedness  shall  be  so  changed  that 
such  indebtedness  shall  exceed  four  per  cent  of  the  assessed  property  val- 
uation of  such  district.  See  Art.  XXVII.  The  Constitution  makes  the  limit 
five  per  cent.  (See  Art.  X.,  S.  292,  p.  78,  Bunn's  Con.) 

Provided,  That  no  district  shall  be  changed  under  the  provisions  of 
this  act,  except  upon  a  petition  to  the  county  superintendent  signed  by  at 
least  one-third  of  the  qualified  electors  of  such  district. 

Provided,  Further,  That  one-fourth  of  the  qualified  electors  of  any 
district  affected  by  such  change,  may  join  in  appeal  to  the  board  of 
county  commissioners  from  the  action  of  the  county  superintendent,  and 
their  decision  shall  be  final:  Provided,  That  notice  of  such  appeal  shall 
be  served  on  the  county  superintendent  within  ten  days  after  the  time  of 
posting  the  formation  or  alteration  o<f  such  district.  Such  notice  shall  be 
m  writing  and  shall  state  fully  the  objections  to  the  action  of  the  icounty 
superintendent,  a  copy  of  which  shall  be  filed  with  the  county  clerk,  and 
also  with  the  clerks  of  all  districts  affected  by  such  alteration;  Provided, 
Also,  That  such  appeal  shall  be  heard  and  decided  by  a  majority  of  the 
board  of  county  commissioners  at  their  next  regular  meeting,  and,  if  such 
appeal  is  not  sustained  by  them,  the  county  superintendent  shall  proceed 
to  appoint  the  time  and  place  for  said  first  district  meeting,  which  shall 
then  proceed  as  by  law  required.  Such  superintendent  shall  number  school 
districts  when  they  are  formed,  and  he  shall  keep  in  a  book  for  that  pur- 
pose, a  description  of  the  boundaries  of  each  school  district  and  part  of 
district  in  his  county,  with  a  plat  of  same,  date  of  organization,  date  and 
full  record  of  all  changes  of  boundaries,  and  a  list  of  district  officers  in 
his  county,  the  date  of  election  or  appointment  and  the  time  the  term  of 
each  is  to  expire.  (S.  1897,  p.  271.) 

Sec.  12.  (7976-S). — Not  to  Affect  Formation  of  White  and  Colored  Dis- 
tricts: The  provisions  of  this  act  shall  not  be  construed  as  limiting  the 
operation  of  any  act  or  parts  of  acts  providing  for  the  formation  of  separate 
districts  for  white  and  colored  children,  but  the  formation  of  any  district 
under  such  act  shall  be  construed  to  be  the  formation  of  a  new  district  with 
like  effect  as  though  such  new  district  was  formed  in  territory  unorganized 
for  school  purposes.  (L.  1897,  p.  273.) 

Sec.  13.  (7977-S). — Notice  and  First  Meeting:  When  a  school  district 
shall  be  formed  in  any  county  the  Bounty  superintendent  of  public  instruc- 
tion of  such  county  shall,  within  fifteen  days  thereafter,  prepare  a  notice 

—11— 


of  the  formation  of  such  district,  describing  its  boundaries  and  stating  the 
number  thereof.  He  shall  cause  the  notices  thus  prepared  to  be  posted 
in  at  least  five  public  places  in  the  district,  and  in  case  there  shall  be  no 
appeal,  shall  in  ten  days  thereafter,  in  like  manner,  appoint  a  time  and 
place  for  special  district  meeting  for  the  election  of  officers  and  the  trans- 
action of  such  business  as  is  prescribed  by  law  for  regular  school  district 
meetings.  (S.  1893,  S.  5761.) 

An  Act  amendatory  of  Section  14,  of  Article  1,  Chapter  73,  being  gen- 
eral Section  (5762)  of  the  Statutes  of  1895,  entitled  "Schools." 

Note. — There  is  no  such  Section  as  that  mentioned  in  the  -foregoing 
title.  The  body  of  the  Act  refers,  however,  to  the  Statutes  of  1893,  where 
the  amended  Section  is  found. 

Sec.  14.  (7978-S). — Deputy  Employed — Qualifications:  He  shall  dis- 
charge such  other  duties  as  may  be  prescribed  by  law,  and  when  the  duties 
of  the  office  require  it  he  may  at  his  own  cost,  employ  an  assistant  who 
shall  have  all  the  qualifications  required  of  the  principal,  and  before  enter- 
ing upon  the  discharge  of  the  duties  of  his  office  shall  take  and  subscribe 
the  oath  of  office  required  by  Section  7976-S.  Such  assistant  shall  be 
liable,  and  may,  in  the  name  of  his  principal,  do  any  official  act  that  the 
principal  might  legally  do:  Provided,  Nothing  in  this  section  shall  be 
construed  to  relieve  the  principal  from  liability  on  his  bond  for  any  breach 
of  the  conditions  thereof  by  such  assistant.  He  shall  deliver  to  his  suc- 
cessor, within  ten  days  after  the  expiration  of  his  term  of  office,  all  books, 
papers,  records  and  fixtures  appertaining  to  his  office.  (L.  1899,  p.  227.) 

Sec.  15.  (7979-S). — Forfeiture  of  Office — When:  Every  county  super- 
intendent who  shall  neglect  or  refuse  to  perform  any  act  which  it  is  his  duty 
to  perform,  or  shall  corruptly  or  oppressively  perform  such  duties,  will 
forfeit  his  office  and  shall  be  liable  on  his  official  bond  for  all  damages 
occasioned  thereby,  to  be  recovered  in  the  name  of  the  State  for  the  bene- 
fit of  the  proper  party,  district  or  county.  (S.  1893,  S.  5763.) 

An  Act  Relating  to  the  Term  of  Office  of  the  County  Superintendent  of 
Public  Instruction. 

Sec.  16.  (7980-S). — Term  of  Office:  The  term  of  office  of  the  county 
superintendent  of  public  instruction  elected  in  each  county  at  the  general 
election  in  the  year  1900  and  at  each  general  election  thereafter  shall  com- 
mence on  the  first  Monday  in  July  after  his  election.  (L.  1899,  p.  225.) 

An  Act  to  Regulate  the  Salaries  and  Expenses  of  County  Superinten- 
dents and  Declaring  an  Emergency. 

Sec.  16.  (7981-S). — Salary  and  Compensation:  The  county  superin- 
tendent of  public  instruction  of  each  county  in  this  State  shall  receive 
an  annual  salary  to  be  paid  quarterly  out  of  the  county  treasury  by  order 
of  the  county  commissioners,  as  follows: 

In  counties  having  a  population  of  not  over  10,000   $    800.00 

In  'counties  having  a  population  over  10,000  and  not  over  20,000.  .1,200.00 

In  counties  having  a  population  over  20,000  and  not  over  30,000 1,400.00 

In  counties  having  a  population  of  over  30,000  and  not  over  40,000. . .  1,600.00 
In  counties  having  a  population  of  over  40,000  1,800.00 

In  addition  to  the  annual  salary,  he  shall  receive  one  dollar  for  each 
school  visited  within  his  jurisdiction,  provided  this  shall  not  be  construed  to 
include  more  than  one  visit  in  any  school  year.  He  shall  also  receive  not  to 
exceed  $150  per  year  for  clerk  hire,  and  in  counties  with  a  population  of 
25,000  or  more  according  to  the  federal  .census  of  1907,  may  employ  one  clerk 
at  a  salary  not  to  exceed  $50  per  month  to  be  paid  in  the  same  manner  as 
county  superintendents  are  paid.  (L.  1909,  H.  B.  230.) 

NOTE.— This  probably  repeals  legislation  of  1897,  P.  180  L.  1897,  regu- 
lating county  superintendents'  salaries  since  no  county  has  a  population  of 
less  than  10,000  inhabitants,  etc. 

—12— 


ARTICLE   IV. 
Book  and  Supplies. 


SECTION 

1.  Creating  Text  Book  Commission. 

2.  To  Adopt  Uniform  System. 

3.  Advertise  for  Bids — Regulations. 

4.  Disposition  of  Deposit — Read vertise men t 

5.  Bonds. 

6.  Opening  of  Bids. 

7.  Points  to  be  Considered. 

8.  Price  not  to  Exceed  that  of  Other  States. 

9.  Bidder's    Sworn    Statement    of    General 

Price. 

10.  Procuring  Change  of  Series — Misdemea  nor 

11.  Unlawful  to  Purchase — When. 

12.  Unlawful  to  Sell— When. 

13.  Requisites  of  Contract. 

14.  Commission  may  Reject  All  Bids. 


SECTION 

15.  Distribution  of  Books  and  Supplies. 

16.  Proclamation. 

17.  Receiving  More  than  Contract  Price — 

Misdemeanor. 

18.  Trustees    of    Public    School    Meetings — 

Supplies  Considered. 

19.  Exclusive  Use. 

20.  Preventing  Use — Penalty. 

21.  Commission  May  Make  Regulation. 

22.  Combination  on  Prices. 

23.  Commission  to  File  Statement. 

24.  Shall  not  Receive  Favors. 

25.  Construction  of  "Common  Schools." 

26.  Foreign  Contractor. 

27.  Combination  Prohibited. 


Sec.  1  (7982-S).  Creating  Text-Book  Commission.— There  is  hereby 
created  a  commission  to  be  composed  of  seven  members,  to  be  known  as  the 
"Text  Book  Commission,"  consisting  of  the  governor  and  six  other  persons 
of  recognized  ability,  residents  of  this  state,  a  majority  of  whom  shall  be  ex- 
perienced educators,  who  shall  be  appointed  by  the  governor  and  approved 
by  the  senate,  to  serve  for  a  term  of  five  years  and  until  their  successors  are 
appointed  and  qualified,  unless  sooner  removed.  Any  vacancy  occuring  upon 
the  commission  from  any  cause,  shall  be  filled  by  appointment  by  the  Gov- 
ernor, as  in  the  first  instance.  A  majority  of  said  commission  shall  consti- 
tute a  quorum  for  the  transaction  of  all  business  of  the  commission.  Before 
transacting  any  business  relating  to  the  duties  of  the  commission,  they 
shall  each,  in  addition  to  the  oath  prescribed  by  the  constitution,  take  an 
oath  before  some  person  authorized  to  administer  same,  to  faithfully  dis- 
charge all  the  duties  imposed  upon  them  as  members  of  the  text  book  com- 
mission, and  that  they  have  no  interest,  directly  or  indirectly  in  any  con- 
tract that  may  be  made  under  this  act,  and  will  receive  no  personal  benefit 
therefrom,  that  they  will  examine  all  books  submitted  carefully  and  faith- 
fully, as  herein  directed  and  prescribed,  and  said  oath  shall  be  filed  in  the 
office  of  the  Secretary  of  State. 

The  Secretary  of  said  Commission  shall  keep  a  correct  record  of  all 
proceedings,  votes  and  actions  of  the  Commission,  which  said  records  shall 
be  deposited  in  the  office  of  the  Secretary  of  State,  at  the  time  when  said 
Commission  is  not  in  session.  All  votes  upon  any  proposition  submitted  to 
the  Commission  shall  be  by  yea  and  nay,  and  recorded  on  the  journal  of  the 
day's  proceedings.  No  person  shall  be  appointed  to  serve  on  said  Commis- 
sion who  has  been  in  the  employ,  directly  or  indirectly,  as  traveling  sales- 
man, or  otherwise,  for  any  publisher  of  school  text  books.  (L.  1907,  S.  P. 
680.) 

Sec.  2  (7983 — S.)  To  Adopt  Uniform  System. — The  text  book  commis- 
sion shall  be  called  together  by  the  governor,  within  thirty  days  after  the 
passage  and  approval  of  this  act,  and  said  commission  is  hereby  empowered 
to  select  and  adopt  a  uniform  system  or  series  of  school  text  books,  registers, 
records,  maps,  charts,  globes,  and  other  school  apparatus,  for  use  in  all  the 
coximon  schools  of  Oklahoma  and  the  series  so  selected  shall  include  all 
the  studies  taught  in  the  common  schools  of  the  State  up  to  and  including 
the  twelfth  grade;  Provided,  That  none  of  said  text  books  shall  contain 
anything  of  a  partisan  or  sectarian  character.  Each  bidder  presenting  books 
for  adoption  shall  state  at  what  price  the  books  are  offered,  as  basic  books 
and  as  supplementary  books;  Provided,  That  the  commission  may  adopt 


—13— 


supplementary  readers,  but  such  readers  shall  not  be  used  to  the  exclusion 
of  the  basic  readers.  The  duly  constituted  authorities  in  charge  of  any 
private  school,  or  other  educational  institution,  desiring  to  use  any  of  the 
books  selected  by  said  commission  in  such  school  shall  have  the  privilege 
of  buying  said  books  at  the  same  price  and  on  the  same  terms  at  which 
they  are  furnished  to  the  common  schools.  (L.  1907 — 8,  P.  681.) 

Sec.  3.  (7984-S.)  Advertise  for  Bids — Regulations. — As  soon  as  practica- 
ble, at  the  time  fixed  in  the  notice  and  in  such  manner  as  the  commission 
may  deem  best,  the  commission  shall  advertise,  for  at  least  thirty  days,  for 
sealed  bids  or  proposals  from  the  publishers  of  said  text  books,  for  furn- 
ishing books,  registers,  records  and  apparatus  to  the  common  schools  of 
this  State  as  heretofore  provided.  The  bids  or  proposals  shall  be  for  furn- 
ishing the  books,  registers,  records,  and  apparatus  for  a  period  of  five  years, 
commencing  August  first,  Nineteen  Hundred  Eight.  Each  bid  shall  state 
specifically  and  clearly  the  retail  price  at  which  each  book,  register,  record, 
and  apparatus  shall  be  furnished.  Each  bid  or  proposal  shall  be  accom- 
panied with  specimen  copies  at  each  and  all  books  offered  in  said  bid 
which  specimen  copies  of  books  shall  be  sent  by  express  or  mail,  to  the 
Governor,  and  it  shall  be  required  that  each  bidder  deposit  with  the  Secre- 
tary of  the  State  of  Oklahoma  such  sum  of  money  as  the  commission 
shall  require,  not  less  than  five  hundred  dollars,  nor  more  than  twenty-five 
hundred  dollars,  according  to  the  value  of  the  books,  registers,  records, 
and  apparatus  each  bidder  may  propose  to  supply.  Such  deposit  shall  be 
forfeited  to  the  State  if  such  bidder  so  depositing  shall  fail  to  make  and 
execute  such  contract  and  bond  as  provided  in  this  act  within  such  time 
as  the  commission  may  require,  which  time  shall  be  specified  in  the  notice 
advertised,  each  bid  shall  be  accompanied  with  a  sworn  statement,  showing 
the  ownership  of  such  publishing  house,  with  the  interest,  names  and  ad- 
dresses of  such  owners,  and  specially  stating  whether  or  not  the  said  pub- 
lishers or  the  owners  of  any  interest  or  share  of  any  such  publishing  house 
are  the  owners  of  any  interest  or  share  of  any  other  publishing  house,  and 
if  so,  give  the  name  and  address  thereof,  and  further  state  in  said  affidavit 
that  no  member  of  the  commission  is  in  any  manner  interested,  directly  or 
indirectly,  in  such  firm  or  corporation  submitting  said  bid.  If  the  fact  shall 
be  disclosed  that  any  member  of  the  commission  is  so  interested,  it  shall 
work  a  disqualification  of  such  member  of  the  commission,  and  he  shall  not 
be  permitted  to  serve  on  such  .commission,  or  if  it  should  further  appear  or 
be  disclosed  that  a  member  of  the  commission  is  interested  in  any  book 
or  series  of  books  as  the  author  or  the  associate  author,  or  that  any  mem- 
ber of  the  commission  is  interested  in  any  such  book  or  series  of  books  in 
any  manner,  such  shall  likewise  work  a  disqualification  of  such  member 
and  he  shall  not  be  permitted  to  serve  on  the  commission.  Each  member  of 
the  .commission,  after  a  called  session  of  the  commission,  at  which  any  books 
are  adopted,  shall  make  out  and  file  with  the  Secretary  of  State  an  affi- 
davit that  he  is  not,  and  has  not  been  directly  or  indirectly  interested  in  or 
related  to  any  publishing  house,  person,  firm,  or  corporation  submitting  any 
book,  register,  record,  manuscript  or  school  apparatus  for  adoption,  or  in 
any  book,  register,  record,  manuscript  or  school  apparatus  offered  for 
adoption,  nor  is  he  related  to  any  person  or  agents  representing  such  house, 
person,  firm  or  corporation  and  that  he  will  not  accept  any  position  as  agent 
or  representative  of  any  person,  firm  or  corporation  to  wihom  any  contract 
may  be  awarded  by  said  commission  during  the  term  and  duration  of  said 
contract,  and  that  he  is  not  related  to  any  person  or  agents  representing 
such  house,  firm  or  corporation.  Any  contract  entered  into  under  the 
provisions  of  this  act  with  any  publishers  who  may  hereafter  become  a 
party  to  any  combination  or  trust  for  the  purpose  of  raising  the  price  of 

—14— 


school  text  books,  registers,  records  or  school  apparatus  used  in  this  state, 
at  the  wish  of  the  Commission,  shall  become  null  and  void.  (S.  1907-8,  p.  682.) 

Sec.  4.  (7985 — S..)  Disposition  of  Deposit— Readvertisement. — All  bids 
shall  be  sealed  and  deposited  with  the  chairman  of  the  Commission  to  be 
by  him  delivered  to  the  Commission  in  executive  session,  for  the*  purpose 
of  considering  the  same.  When  any  person,  firm  or  (Corporation  has  been 
awarded  a  contract  and  the  contract  and  bond  required  has  been  filed  with 
the  Commission,  it  shall  make  an  order  on  the  Treasurer  of  the  State,  recit- 
ing such  fact,  and  thereupon  the  Treasurer  shall  return  the  deposit  of  such 
bidder,  but  if  any  successful  bidder  shall  fail  to  make  the  contract  and  bond, 
as  heretofore  provided,  the  Treasurer  shall  place  the  deposit  of  such  bidder 
in  the  State  Treasury  to  the  credit  of  the  available  school  fund,  and  the  Com- 
mission shall  readvertise  for  other  bids  to  supply  such  books  or  school  ap- 
paratus, which  said  bidders  may  have  failed  to  supply.  All  unsuccessful 
bidders  shall  have  their  deposits  returned  to  them  as  soon  as  the  Commission 
has  decided  not  to  accept  their  bids.  All  books  adopted  by  the  Commission 
shall  be  printed  in  English,  except  such  text  books  as  may  be  adopted  for 
the  teachirg  of  any  foreign  language.  The  Commission  shall  stipulate  in  the 
contract  that  where  a  change  shall  have  been  made  from  the  books  now  in 
use  in  this  State,  the  contract  or  'contractors  shall  take  in  exchange  the  re- 
spective books  and  receive  the  same  in  exchange  for  new  books  at  a  price 
not  less  than  fifty  per  cent  of  the  contract  price.  Such  'exchange  period 
shall  not  continue  longer  than  one  year  from  the  date  of  'contract.  (L. 
1907-8,  P.  683.) 

Sec.  5  (7986-S.)  Bonds. — The  bidder  or  bidders  to  whom  any  contract 
may  have  been  awarded  shall  make  and  execute  a  good  and  sufficient  bond 
payable  to  the  State  of  Oklahoma  in  the  sum  of  not  less  than  ten  thousand 
dollars,  to  be  approved  by  the  Governor,  such  bond  to  be  conditioned  that, 
the  contractor  or  .contractors  shall  faithfully  perform  all  conditions  of  the 
contract.  The  contract  and  bond  shall  be  prepared  by  the  Attorney  Gen- 
eral and  shall  be  made  to  conform  with  all  the  requirements  of  this  act, 
and  shall  be  payable  in  the  county  where  the  seat  of  government  of  this 
State  is  located,  which  shall  be  deposited  in  the  office  of  the  Secretary  of 
State.  The  bond  shall  not  be  exhausted  by  a  single  recovery  thereon,  but 
may  be  sued  upon  from  time  to  time  until  the  full  amount  thereof  is  re- 
pnvpred.  and  the  Commission,  may,  after  twenty  days'  notice,  require  a  new 
bond  to  be  given,  and  in  the  event  the  contractor  or  contractors  shall  fail 
to  furnish  such  new  bond  the  contract  of  the  contractor  or  contractors  may, 
at  the  option  of  the  Commission,  be  forfeited.  (L.  1907-8,  P.  684.) 

Sec.  6.  Opening  Bids. — It  shall  be  the  duty  of  the  Commission  to  meet 
at  the  time  and  the  place  mentioned  in  the  notice  and  advertisement  and 
it  shall  adopt  such  rules  and  regulations  as  may  be  necessary  to  the  tran- 
saction of  its  business,  not  contrary  to  the  provisions  of  this  act,  and  shall 
then  and  there  open  and  examine  the  sealed  proposals  received,  and  it  shall 
be  the  duty  of  the  Commission  to  make  a  full  and  complete  investigation  of 
all  books,  registers,  records  and  school  apparatus  and  bids  accompanying 
the  same.  Each  person,  company  or  corporation  submitting  bids  or  pro- 
posals shall  be  permitted  to  file  a  written  statement  as  to  the  merits  of 
any  book  or  books,  register,  record  or  school  apparatus  offered  by  such 
bidder,  or  they  may  be  permitted  to  appear  in  person,  or  by  a  duly  author- 
ized agent,  before  said  Commission  and  the  party  so  appearing  or  represent- 
ing the  claims  of  any  bidder,  shall  deposit  with  the  Commission  his  proper 
credentials  or  authority  to  represent  such  bidder.  Every  person  who  ap- 
pears before  the  Commission  in  advocacy  of  the  adoption  or  rejection  of  any 
book,  register,  record,  manuscript  or  any  school  apparatus  shall  file  an  af- 
fidavit showing  fully  in  what  capacity  he  appears  and  whether  he  is  rep- 

—15— 


resenting  as  agents  or  otherwise  any  bidder,  or  whether  he  has  received  or 
has  a  contract  to  receive  pay  for  his  services  in  appearing  before  said  Com- 
mission: Provided,  That  no  State  official  of  this  State  shall  be  allowed  to 
appear  as  the  agent  or  representative  of  any  text  book  company,  firm,  or 
corporation.  (L.  1907-8,  P.  684.) 

Sec.  7.  (7988-S.)  Points  to  be  Considered— Home  Authors  Preference.— 
The  literary  merits  and  historical  accuracy  of  all  books  shall  be  the  main 
point  to  be  considered  in  their  adoption,  and  the  books  shall  be  selected 
after  a  careful  examination  and  consideration  of  all  the  books  presented, 
and  books  selected  shall  be  those  which,  in  the  opinion  of  the  Commission, 
are  most  acceptable  for  use  in  the  various  schools  of  the  State,  quality, 
mechanical  construction,  paper,  print,  price,  authorship  and  any  other 
relevant  matter  being  given  such  weight  in  making  its  decision  as  the  Com- 
mission may  deem  advisable:  Provided,  That  books  by  Oklahoma  authors 
shall  have  preference,  merit  and  price  being  equal.  The  Commission  shall 
proceed  without  delay  to  adopt,  for  use  in  the  common  schools  of  this  State, 
text  books  in  the  schools  hereinbefore  mentioned,  and  shall  notify  publishers 
to  whom  contracts  are  awarded.  Each  contract  shall  be  duly  signed  by  the 
publishing  house  or  its  authorized  officers  or  agents,  and  if  it  is  found  to 
be  in  accordance  with  the  award  and  all  the  provisions  of  this  act,  ana 
if  the  bond  herein  required  is  presented  and  duly  approved,  the  Commission 
shall  approve  said  contract  and  order  it  to  be  signed  on  behalf  of  the  State, 
by  the  Governor.  All  contracts  shall  be  made  in  duplicate  and  one  copy 
shall  remain  in  the  custody  of  the  Secretary  of  State  and  be  copied  in  full 
in  the  minutes  of  the  meeting  of  the  Commission  in  a  well  bound  book, 
and  the  other  copy  to  be  delivered  to  the  publisher  or  agent  thereof.  All 
the  books,  registers  and  records  furnished  under  such  contract  shall  be  equal 
in  all  respects  to  the  specimen  or  sample  copies  furnished  with  the  bids; 
and  it  shall  be  the  duty  of  the  State  Superintendent  of  Public  Instruction  to 
preserve  in  his  office,  as  the  standard  of  quality  and  excellence  to  be  main- 
tained in  such  books,  registers  and  records  during  the  continuance  of  such 
contract,  the  specimen  or  sample  copies  of  all  books,  registers  and  records 
which  have  been  the  basis  of  any  contract,  together  with  the  original  bid 
and  proposal.  The  contract  and  exchange  price  of  each  book  shall  be  plainly 
printed  on  the  back  of  each  book,  together  with  the  'following  notice:  "The 
price  marked  hereon  is  fixed  by  the  State  and  any  deviation  therefrom  should 
be  reported  to  the  State  Superintendent  of  Public  Instruction."  (L.  1907 
P.  685.) 

Sec.  8.  (7988-S.)  Price  Not  to  Exceed  That  of  Other  States. — The  Com- 
mission shall  not,  in  any  case,  contract  with  any  publisher  of  any  book  or 
books,  registers  and  records,  or  any  person,  firm  or  corporation  submitting 
bids  for  furnishing  charts,  maps,  globes  or  other  school  apparatus  to  be 
used  in  the  common  schools  of  the  state,  at  a  price  in  excess  of  the  lowest 
price  at  which  such  publishers  or  bidders  furnishes  and  distributes  the  same 
book  or  books,  registers,  records,  or  school  apparatus  under  contract  with 
any  other  State,  county  or  school  district  in  the  United  States,  under  like 
conditions  of  distribution.  (L.  1907-8,  P.  686.) 

Sec.  9.  (7990-S.)  Bidders'  Sworn  Statement  of  General  Price. — The  pub- 
lishers or  bidders  shall  file  with  each  proposal  a  sworn  statement  of  the 
lowest  price  at  which  each  book,  chart,  map,  globe,  or  other  apparatus 
offered  is  sold  anywhere  in  the  United  States,  under  like  conditions  of  dis- 
tribution. Said  publishers  or  bidders  must  further  agree  to  reduce  the  price 
of  any  book  or  apparatus  adopted  by  the  Commission  if  reductions  are  made 
below  such  contract  price  anywhere  in  the  United  States,  so  that  at  no  time 
may  any  book  or  apparatus  be  sold  in  Oklahoma  at  a  higher  price  than  is 
received  for  the  same  book,  register,  record  or  apparatus  elsewhere  in  the 

—16— 


United  States  where  like  conditions  of  distribution  prevail.  (L.  1907-8,  P.  686.) 

Sec.  10.  (7991 — S.)  Procuring  Change  of  Series — Misdemeanor. — Any 
publisher,  person,  firm  or  corporation  submitting  bids,  or  agent  of  such  pub- 
lisher, person,  firm  or  corporation,  who  shall  connive  at  or  seek  to  procure 
a  change  of  the  series  of  text  books,  registers,  records  or  any  school  ap- 
paratus by  the  Commission  before  the  expiration  of  the  period  in  which  a 
uniform  system  of  text  books  is  established  in  this  State  shall  be  guilty  of 
a  misdemeanor,  and,  upon  conviction,  shall  be  fined  not  less  than  twenty- 
five  dollars  and  not  more  than  one  hundred  dollars  for  each  offense.  (L. 
1907-8,  P.  686.) 

Sec.  11.  (7992-S.)  Unlawful  to  Purchase  Supplies— When.— It  shall  be 
unlawful  for  any  teacher,  trustees  or  school  board  of  any  common  school 
in  this  State  to  purchase  or  contract  for  any  chart,  map,  globe  or  other 
school  apparatus,  unless  the  same  shall  have  been  submitted  to  the  Text 
Book  Commission  of  the  State  at  a  regular  or  special  session,  and  by  them 
approved  and  a  maximum  price  thereof  fixed  by  said  Commission.  (L. 
1907-8,  P.  687.) 

Sec.  12.  (7993-S.)  Unlawful  to  Sell— What.— Any  person  who  shall  sell 
to  any  teacher,  trustee  or  school  board  of  any  common  school  of  this  State, 
any  chart,  map,  globe,  or  other  school  apparatus  which  has  not  been  ap- 
proved by  the  text  book  .commission  of  this  State,  and  any  person  who  shall 
request  or  endeavor  to  persuade  any  such  teacher,  trustee  or  school  board, 
or  any  member  thereof,  to  purchase  any  chart,  map,  globe  or  other  school 
apparatus,  the  sale  of  which  is  hereby  prohibited,  shall  be  deemed  guilty 
of  a  misdemeanor  and  liable  to  a  fine  of  not  less  than  fifty  nor  more  than 
two  hundred  dollars.  (L.  1907-8,  P.  687.) 

Sec.  13.  (7994-S.)  Requisites  of  Contract. — It  shall  be  a  part  of  the  terms 
and  ^conditions  of  every  contract  made  in  pursuance  of  this  act  that  the 
State  of  Oklahoma  shall  not  be  liable  to  any  contractor  thereunder  for  any 
sum  whatever,  but  all  such  contracts  shall  receive  compensation  solely  and 
exclusively  from  the  proceeds  of  the  sales  of  school  books  as  provided  in 
this  act,  and  it  is  hereby  provided  that  the  State  shall  have  the  right  to 
terminate  said  contract  whenever  the  law  is  repealed  or  amended,  altered 
or  qualified  as  to  make  necessary  or  expedient  that  such  contract  should  be 
revoked,  or  as  to  such  book  or  books,  registers  and  records  as  may  be  pub- 
lished by  or  at  the  cost  of  the  State:  Provided,  Further,  That  the  commis- 
sion shall  have  the  power  by  a  majority  vote,  to  discontinue  the  use  of  un- 
satisfactory books,  registers  and  records  at  the  end  of  any  school  year  dur- 
ing the  continuance  of  this  contract  and  to  make  another  adoption,  and  all 
contracts  shall  contain  a  stipulation  to  that  effect.  The  State  may,  at  its  elec- 
tion, cancel  any  contract  entered  into  by  virtue  of  the  provisions  of  this 
act,  for  fraud  or  collusion  upon  the  part  of  either  party  to  the  contract  or 
any  member  of  the  commission  or  any  person,  firm,  corporation  or  their 
agents  making  said  bond  or  contract,  and  for  the  'cancellation  of  any  such 
contract,  the  Attorney  General  is  hereby  authorized  to  bring  suit  in  any 
court  of  competent  jurisdiction  in  the  State,  and  in  case  of  the  cancellation 
of  any  contract  as  provided  in  this  act,  the  damages  are  fixed  at  not  less 
than  the  amount  of  said  bond,  to  be  recovered  as  liquidated  damages  in  the 
same  suit  cancelling  such  said  contract.  And  on  account  of  the  difficulty  in 
determining  the  damage  that  might  accrue  by  reason  of  such  fraud  and  can- 
cellation of  such  contract,  the  full  amount  of  the  bond  given  by  any  con- 
tractor shall  be  considered  as  liquidated  damages,  to  be  recovered  out  of 
said  bond  by  the  State  at  the  suit  of  the  Attorney  General  and  every  con- 
tract shall  contain  a  clause  to  this  effect.  (L.  1907-8,  P.  687.) 

Sec.  14.  (7995-S.)  Commission  May  Reject  All  Bids. — The  Text  Book 
Commission  shall  have  and  reserve  the  right  to  reject  any  and  all  bids  or 

—17— 


proposals,  if  said  Commission  be  of  the  opinion  that  any  or  all  bids  should, 
for  any  reason,  be  rejected;  and  in  case  they  fail,  from  among  the  bids  or 
proposals  submitted,  to  select  any  book  or  books,  registers,  records  and 
apparatus  upon  any  of  the  branches  of  study  provided  for  in  this  act,  they 
may  advertise  for  sealed  bids  or  proposals  under  the  same  terms  and  condi- 
tions as  before,  and  proceed  in  their  investigation  in  all  respects  as  they  did 
in  the  first  instance,  and  as  required  by  the  terms  and  provisions  of  this 
act.  (L.  1907-8,  P.  688.) 

Sec,  15.  7996-S.)  Distribution  of  Books  and  Supplies. — The  party  or 
parties  with  whom  the  contract  shall  be  made  shall  place  their  books,  reg- 
isters, records  and  school  apparatus  on  sale  at  as  many  places  in  each  county 
of  the  State  as  the  Commission  'may  direct  for  the  distribution  of  the  books 
to  the  patrons,  and  the  .contractor  shall  be  permitted  to  make  arrangements 
with  the  merchants  or  other  persons  for  the  handling  and  distribution  of 
the  books.  All  books  shall  be  sold  to  the  consumer  at  the  retail  price  fixed 
by  the  Commission.  Upon  the  failure  of  any  contractor  under  the  provisions 
of  this  act  to  furnish  the  books,  registers,  records  or  apparatus  as  provided 
in  this  contract,  the  County  Superintendent  of  Public  Instruction  of  such 
county  shall  immediately  report  the  fact  to  the  Attorney  General  and  he 
shall  bring  suit  on  account  of  such  failure,  in  the  name  of  the  State  of 
Oklahoma,  in  any  court  of  competent  jurisdiction  in  the  State,  and  shall 
recover  on  the  bond  given  by  such  contractor  for  the  full  value  of  the  books, 
registers,  records,  and  apparatus  not  furnished  as  required,  and  in  addition 
thereto  the  sum  of  one  hundred  dollars,  and  the  amounts  so  recovered  shall 
be  placed  to  the  credit  of  the  available  school  fund  of  the  State.  (L.  1907-8, 
P.  688.) 

Sec'.  16.  (7997-S.)  Proclamation  by  Governor. — As  soon  as  the  State 
shall  have  entered  into  the  contract  for  furnishing  the  books  and  apparatus 
for  use  in  the  common  schools  of  the  State,  under  the  provisions  of  this  Act. 
it  shall  be  the  duty  of  the  Governor  to  issue  his  proclamation  of  such  fact 
to  the  people  of  the  State  and,  immediately  thereafter,  the  State  Superin- 
tendent of  Public  Instruction  shall  address  a  circular  letter  to  the  County 
Superintendents,  trustees  and  school  boards  of  the  various  schools  of  the 
State,  which  circular  letter  shall  icontain  a  list  of  the  books,  registers,  records 
ard  apparatus  adopted,  with  their  respective  prices,  together  with  such  other 
information  as  he  may  deem  advisable.  (L.  1907-8  P.  689.) 

Sec.  17.  (7998-S.)  Receiving  More  Than  Contract  Price — Misdemeanor. — 
If  any  local  agent,  dealer,  iclerk  or  other  person  handling  or  selling  the  books, 
registers,  records,  maps,  charts  or  other  apparatus  adopted  under  this  act, 
shall  demand  or  receive  for  a  copy  of  any  of  the  books,  registers,  records 
or  for  any  chart,  map,  globe  or  other  apparatus  adopted  under  this  act  more 
than  the  contract  price,  he  shall  be  guilty  of  a  misdemeanor  and,  upon  con- 
viction, shall,  for  each  offense,  be  punished  by  a  fine  of  not  less  than  fifty 
dollars  nor  more  than  five  hundred  dollars.  (L.  1907-8,  P.  689.) 

Sec.  18.  (7998-S.)  Trustees  of  School  Meeting — Supplies  Considered. — 
The  trustees  and  school  boards  of  the  various  schools  of  the  State  using 
books,  registers,  records  and  apparatus  adopted  by  the  Commission  shall 
hold  annual  meetings  and  make  an  estimate  of  the  number  of  school  text 
books,  registers,  records  and  apparatus  needed  in  said  school  for  the  term 
commencing  therein^  and  a  report  thereof  shall  be  made  to  the  countv 
superintendent  of  public  instruction  in  said  county  immediately,  and  not 
later  than  the  first  day  of  August  next  thereafter,  and  the  tenth  of  August 
of  each  year,  and  oftener,  if  the  necessity  of  a  school  requires  it,  make  out 
his  requisition  from  the  report  so  received  and  from  any  other  sour.ce,  and 
send  it  to  the  State  Superintendent,  when  such  books  are  printed  by  the 
State  or  the  school  book  publisher  or  publishers  having  contracts  under 

—18— 


the  provisions  of  this  act,  stating  therein  the  number  of  books,  registers, 
records  and  apparatus  of  each  kind  needed  for  the  schools  of  his  county. 
(L.  1907-8,  P.  689.) 

Sec.  19.  (8000-S.)  Those  Adopted  to  be  Used  Exclusively. — The  books 
and  apparatus  adopted  by  the  Commission  under  the  provisions  of  this  act, 
shall  be  "introduced  and  used  as  text  books,  registers,  records  and  appar- 
atus to  the  exclusion  of  all  others,  in  the  common  schools  of  this  State,  as 
hereinbefore  provided,  but  nothing  in  this  act  shall  be  construed  to  prevent 
or  prohibit  the  patrons  of  the  common  schools  in  the  State  from  procuring 
books,  registers,  records  and  apparatus  in  the  usual  way  in  the  event  that  the 
State  does  not  publish  such  books,  registers,  records,  or  manufacture  such 
apparatus  in  the  event  that  no  contracts  are  made,  or  in  the  event  that  the 
contractor  or  icontractors  fail  or  refuse  to  furnish  the  books,  registers, 
records  or  apparatus  provided  fgr  in  this  act,  at  the  time  that  said  books 
or  apparatus  are  required  for  use  in  the  schools.  (L.  1907-8,  P.  690.) 

Sec.  20.  (8001-S.)  Preventing  Use  of — Penalty. — Any  school  trustee  who 
shall  prevent  or  aid  in  preventing  the  use,  in  any  common  school  in  this 
State,  of  the  books,  registers,  records  and  apparatus,  or  any  of  them,  as 
adopted  under  the  provisions  of  this  act,  or  any  teacher  in  this  State  who 
shall  wilfully  fail  or  refuse  to  use  the  books,  registers,  records  and  appar- 
atus adopted  under  the  provisions  of  this  act,  shall  be  guilty  of  a  misde- 
meanor, and,  upon  conviction,  shall  be  fined  in  any  sum  not  less  than 
twenty-five  dollars  nor  more  than  fifty  dollars  for  each  offense,  and  each 
day  of  such  willful  failure  or  refusal  of  said  teachers,  or  willful  prevention 
of  the  use  of  the  books,  registers,  records  or  apparatus  by  said  school  trustee, 
shall  constitute  a  separate  offense.  (L.  1907-S,  P.  690.) 

Sec.  21.  (8002-S.)  Commission  May  Make  Regulations. — The  Commission 
may,  from  time  to  time,  make  any  necessary  regulations,  not  contrary  to 
the  provisions  of  this  act,  to  secure  the  prompt  distribution  of  the  books, 
registers,  records  and  apparatus  herein  provided  for,  and  for  the  prompt 
and  faithful  execution  of  all  .contracts;  and  it  is  now  expressly  provided  for 
that  said  Commission  shall  maintain  its  organization  during  the  continuance 
of  the  contracts  to  be  entered  into  during  the  year  Nineteen  Hundred  Eight 
and  after  the  expiration  of  same,  to  reorganize  the  Commission  for  a  period 
of  five  years,  as  in  the  first  instance,  and  enter  into  such  other  contracts  in 
pursuance  of  this  act  as  they  may  deem  for  the  best  interests  of  the  patrons 
of  the  common  schools  of  the  State:  Provided,  That  said  Commission  shall 
be  discontinued  at  such  time  when  the  efficiency  for  the  publication  of  such 
books,  registers  and  records  provided  for  in  this  act,  by  the  .State,  makes  the 
continuance  of  said  Commission  unnecessary.  (L.  1907-8,  P.  690.) 

Sec.  22.  (8003-S.)  In  case  of  Combination  on  Prices. — If  when  the  pro- 
posals to  furnish  text  books  are  submitted  to  the  text  book  board  it  shall 
appear  that  publishers  have  combined  upon  prices  and  that  the  proposals  are 
unreasonable  said  board  is  hereby  empowered,  with  the  approval  of  the  State 
Board  of  Education,  to  do  any  and  all  acts  that  may  be  necessary  for  the 
purpose  of  procuring  a  meritorious  uniform  system  of  text  books,  registers, 
and  records  for  use  in  the  common  schools  of  Olahoma.  They  may,  with 
the  approval  of  the  State  Board  of  Education,  offer  prizes  for  manuscripts 
of  books  or  employ  suitable  persons  to  prepare  or  compile  the  same  and 
contract  with  printing  .concerns  for  publication,  purchase,  or  hire  plates, 
maps,  and  engravings  of  copyright  matter;  contract  for  or  lease  copyrights 
for  the  purpose  of  being  used  in  compiling  and  printing  such  books,  provide 
for  the  payment  of  royalties  or  for  the  leasing  of  plates  ifor  printing  of  the 
whole  or  any  part  of  said  books:  Provided,  That  the  entire  cost  of  any 
book  or  books  so  furnished  shall  not  exceed  the  price  of  any  standard  book 

—19— 


or  books  of  like  character  which  was  proposed  to  be  furnished  by  publishers. 
(L.  1907-8,  P.  691.) 

Sec.  23.  (8004-S.)  Commission  to  File  Statement. — An  itemized  state- 
ment of  all  necessary  expenses  of  the  Commission,  together  with  a  sworn 
itemized  statement  of  the  necessary  expenses  of  the  individual  members  of 
the  Commission  shall  be  filed  with  the  Secretary  of  State,  and  the  members 
thereof  shall  be  allowed  to  receive  as  their  only  compensation  for  their 
services  the  sum  of  six  dollars  per  day  while  on  duty  and  their  actual  travel- 
ing expenses  going  to  and  returning  from  the  place  of  meeting,  to  be  paid 
by  the  State  Treasurer;  under  the  direction  and  approval  of  the  Governor: 
Provided,  That  no  per  diem  shall  be  allowed  to  any  member  of  the  Commis- 
sion who  shall,  at  the  time  of  service  thereof,  be  receiving  a  stated  salary 
from  the  State:  Provided,  Further,  That  the  members  of  said  Commission 
shall  not  draw  pay  during  the  year  Nineteen  Hundred  Eight  for  more  than 
thirty  days,  nor  more  than  ten  days  for  any  following  year.  (L.  1907-8,  P.  691.) 

Sec.  24.  (8005-S.)  Shall  Not  Receive  Favors. — It  shall  be  unlawful  for 
any  member  of  the  text  book  commission  to  accept  as  a  gift,  or  at  a  reduced 
price,  any  books,  registers,  records,  or  school  apparatus  or  anything  of  value 
from  any  person,  firm,  or  corporation,  interested,  directly  or  indirectly,  in 
any  bid  filed  with  said  Commission  in  the  adoption  of  any  book,  register, 
record,  or  apparatus  by  said  Commission,  and  any  person  violating  this  sec- 
tion of  this  act,  shall  be  punished  by  a  fine  of  not  less  than  one  hundred 
dollars  nor  more  than  five  'hundred  dollars  and  by  imprisonment  in  the 
county  jail  not  less  than  thirty  days.  (L.  1907-8,  P.  692.) 

Sec.  25.  (8006-S.)  Construction — "Common  Schools." — The  words  "com- 
mon schools,"  as  used  in  this  act  shall  be  construed  to  mean  all  the  schools 
of  this  State  receiving  aid  from  the  State  out  of  the  common  school  fund. 
(L.  1907-8,  P.  692.) 

Sec.  26.  (8007-8.)  Foreign  Contractor.— Agent  for  Service. — Any  non- 
resident person  or  firm  or  foreign  corporation  with  whom  a  contract  has  been 
entered  into  under  the  provisions  of  this  act,  shall  designate  the  Secretary 
of  the  State  of  Oklahoma  as  its  or  their  agent  on  whom  citation  and  other 
writs  and  processes  may  be  served  in  the  event  that  any  suit  shall  be  brought 
against  such  person,  firm  or  corporation.  (L.  1907-8,  P.  692.) 

Sec.  27.  (8008-S.)  Combination  Prohibited. — If  any  individual,  firm, 
partnership,  corporation,  or'  any  association  of  persons  whatsoever  of  any 
nature  or  'character  shall  create,  enter  into  or  become  a  member  of  any  pool, 
trust,  agreement,  confederation,  combination  or  understanding,  permanent 
or  temporary,  with  any  other  individual,  firm,  partnership,  corporation  or  as- 
sociation of  persons  whatsoever  of  any  character  or  nature  whatsoever  to 
regulate  or  fix  the  price  of  or  prevent  or  restrict  competition  in  the  sale  or 
offering  for  sale  or  in  any  of  the  branches  of  the  business  of  selling  and 
furnishing  any  school  books,  desks,  seats,  charts,  school  furniture,  fixtures, 
apparatus,  or  supplies,  he  or  they  shall  be  deemed  guilty  of  a  misdemeanor 
and  upon  conviction  thereof  shall  be  fined  in  a  sum  not  less  than  three  hun- 
dred dollars  and  not  more  than  one  thousand  dollars.  (L.  1905,  P.  374.) 


—20— 


ARTICLE  V. 
Cities  of  the  First  Class. 


SECTION 

1.  Separate  District. 

2.  Adjacent  Territory  Attached. 

3.  Body  Corporate. 

4.  Conveyance  of  Property. 

5.  How  Executed. 

6.  Board  of  Education — Term,  etc. 

7.  Vacancies — How  Filled. 

8.  Powers  of  Board. 

9.  Organize — When. 

10.  Duty  of  President. 

11.  Vice  President. 

12.  Clerk. 

13.  Treasurer. 

14.  Superintendent  of  City  Schools. 

15.  Boards  to  Make  Levies. 

16.  What  Property  Taxable. 

17.  Board  Shall  Meet— When. 

18.  Make  Annual  Reports. 

19.  Expenses. 


SECTION 

20.  Non-Sectarian  Instruction. 

21.  May  Issue  Bonds— When. 

22.  Election — Duty  of  Mayor. 

23.  Vote — Required. 

24.  Bonds — Form. 

25.  Bonds— How  Signed. 

26.  Certain  Bonds  Validated. 

27.  Same. 

28.  Same— Tax  Levies  Validated. 

29.  Board  Shall  Invest  Money. 

30.  Interest. 

31.  Property— Pledged  for  What. 

32.  All  Warrants  Shall  be  Registered. 

33.  The  Oath  Required. 

34.  Enumeration  of  Children. 

35.  Boards  of  Education  may  Issue  Bonds — 

Transfer  of  Property. 

36.  Limit  of  Indebtedness. 

37.  Electors  in  School  Elections. 

38.  Separate  Ballots. 


Sec.  1.  (8009-S.)  Separate  District. — Each  city  of  the  first  class  shall  be 
governed  by  the  provisions  of  this  article  and  shall  constitute  a  separate 
school  district.  (S.  1893.  S.  5831.) 

Sec.  2.  (801 0-S.)  Adjacent  Territory  Attached. — Territory  outside  the 
limits  of  any  city,  town,  or  village  for  school  purposes  upon  application  to  the 
Board  of  Education  of  such  city  by  a  majority  of  the  electors  of  such  adja- 
cent territory,  and  upon  such  application  being  made  to  the  Board  of  Educa- 
tion they  shall,  if  they  deem  it  proper  and  to  the  best  interests  of  the  school 
of  said  city,  and  the  territory  seeking  to  be  attached,  issue  an  order  attach- 
ing such  territory  to  such  city  for  school  purposes,  and  to  enter  the  same 
upon  their  journal;  and  such  territory  shall  from  the  date  of  such  order,  be 
and  compose  a  part  of  such  city  for  school  purposes  only,  and  the  taxable 
property  of  such  adjacent  territory  shall  be  subject  to  taxation  and  shall 
bear  its  lull  proportion  of  all  expenses  incurred  in  the  creation  of  school 
buildings  and  in  maintaining  the  schools  of  such  city,  whenever  the  terri- 
tory so  attached  shall  have  a  population  equal  to  that  of  any  one  ward  of 
such  city,  or  whenever  the  taxable  property  of  such  attached  territory  shall 
equal  that  of  any  one  ward  of  such  city,  such  attached  territory  shall  be 
entitled  to  elect  two  members'  of  the  Board  of  Education  who  shall  be  elected 
at  the  same  time  that  other  members  of  the  board  are  elected  by  the  qualified 
electors  of  such  territory,  at  an  election  to  be  held  at  such  place  as  the  Board 
of  Education  may  designate,  provided,  however,  that  when  a  school  district 
which  has  been  regularly  laid  out,  formed  and  organized,  includes  therein 
an  incorporated  town  which  has  become  a  regularly  and  legally  organized 
city  of  the  first  class,  the  territory  lying  outside  of  the  city  limits  which  has 
been  included  in  and  was  a  part  of  said  school  district  at  the  time  said 
town  became  a  city  of  the  first  class  and  has  been  treated  as  a  part  of  the 
city  school  district,  shall  continue  to  be  a  part  of  said  school  district  and 
shall  be  governed  by  the  provisions  of  this  article;  and  provided  further,  that 
in  all  cases  where  any  town  has  heretofore  been  organized  as  and  declared 
to  be  a  city  of  the  first  class,  the  territory  lying  outside  of  the  city  limits 
and  which  was  a  part  of  the  school  district  including  said  town,  at  the  time 
of  the  change  from  a  town  to  a  city  of  the  first  class  and  has  since  been 
treated  as  a  part  of  the  city  school  district  under  the  management  and  con- 


—21— 


trol  of  the  Board  of  Education  of  the  city,  is  hereby  declared  to  be  a  part  of 
the  said  city  school  district;  and  all  acts  of  the  Board  of  Education  of  said 
city  school  district  including  said  adjoining  territory,  all  electons  held  there- 
in for  the  purpose  of  authorizing  the  issuance  of  bonds  or  for  any  other  legal 
purpose,  and  all  levies  of  taxes  made  by  said  Board  of  Education  against  the 
taxable  property  therein  are  hereby  legalized  and  declared  to  be  legal  and 
binding.  (L.  1909,  P.  555-6,  H.  B.  372.)  (Effective  March  20,  1909.) 

Sec.  3.  (801 1-S.)  Body  Corporate. — The  public  schools  of  each  city  organ- 
ized in  pursuance  of  this  act  shall  be  a  body  corporate  and  shall  possess  the 
usual  power  of  a  corporation  for  public  purposes,  by  the  name  and  style  of 

"The  Board  of  Education  of  the  City ,  of  the  State  of  Oklahoma," 

and  in  that  name  may  sue  or  be  sued  and  be  capable  of  contracting  or  being 
contracted  with,  of  holding  and  conveying  such  personal  and  real  estate  as 
it  may  come  into  possession  of,  by  will  or  otherwise,  or  as  is  authorized  to  be 
purchased  by  the  provisions  of  this  act.  (S.  1893,  S.  5833.) 

Sec.  4.  (801 2-S.)  Conveyance  of  Property. — Any  city  of  the  first  class  is 
hereby  authorized  and  required,  upon  the  request  of  the  Board  of  Education 
of  such  city  to  convey  to  such  Board  of  Education  all  property  within  the 
limits  of  any  such  city  heretofore  purchased  by  any  such  city  for  school 
purposes,  and  now  held  and  used  for  such  purposes,  the  title  to  which  is 
vested  in  any  such  city.  (S.  1893,  S.  5834.) 

Sec.  5.  (801 3-S.)  How  Executed. — All  conveyances  (of)  for  the  property 
mentioned  in  the  preceding  section  shall  be  signed  by  the  mayor  and  attested 
by  the  clerk  of  said  city,  and  shall  have  the  seal  of  the  city  affixed  thereto 
and  be  acknowledged  by  the  mayor  of  such  city  in  the  same  manner  as  other 
conveyances  of  real  estate.  (S.  1893,  S.  5835.) 

Sec.  6.  (801 4-S.)  Board  of  Education — Term,  etc. — A  separate  ballot  for 
school  purposes  shall  be  provided  by  the  city  clerk  and  ballots  for  school  of- 
ficers deposited  therein;  it  shall  be  the  duty  of  the  city  clerk  to  prepare  suit- 
able places  for  holding  such  elections.  At  each  annual  city  election  there 
shall  be  a  board  of  education,  consisting  of  one  member  from  each  ward, 
elected  by  the  qualified  voters  thereof,  who  shall  hold  his  office  for  a  term  of 
two  years  and  until  his  successor  is  elected  and  qualified:  Provided,  That 
no  member  of  the  board  of  education  shall  be  a  member  of  the  council,  nor 
shall  any  member  of  the  council  be  a  member  of  the  Board  of  Education: 
Provided,  That  the  officers  and  members  of  Boards  of  Education  in  cities  of 
the  first  class  shall  hold  their  offices  for  the  full  term  to  which  they  were 
elected.  (S.  1893,  S.  5836.) 

Sec..  7.  (8015-S.)  Vacancies—  How  Filled.— The  board  of  education  shall 
have  power  to  fill  any  vacancy  which  may  occur  in  their  body:  Provided, 
That  any  vacancy  occurring  more  than  ten  days  previous  to  the  annual 
election,  and  having  an  unexpired  term  of  one  year,  shall  be  filled  at  the 
first  annual  election  thereafter;  and  the  ballots  and  returns  of  elections 
shall  be  as  follows:  "To  fill  unexpired  term."  (S.  1893,  S.  5837.) 

Sec.  8.  (801 6-S.)  Powers  of  Board.— The  board  of  education  shall  have 
power  to  elect  their  own  officers,  except  the  treasurer;  to  make  their  own 
rules  and  regulations,  subject  to  the  provisions  of  this  article;  to  organize 
and  maintain  a  system  of  graded  schools;  to  establish  a  high  school  when- 
ever, in  their  opinion,  the  educational  interests  of  the  city  demand  the  same; 
and  to  exercise  the  sole  control  over  the  schools  and  school  property  of 
the  city.  (S.  1893,  S.  5838.) 

Sec.  9.  (801 7-S.)  Organize — When. — The  board  of  education  at  its  regu- 
lar meeting  in  May  of  each  year,  shall  organize  by  the  election  of  a  presi- 
dent and  vice  president  from  among  its  own  members,  each  of  whom  shall 
serve  for  the  term  of  one  year,  or  until  their  successors  are  elected  and 


qualified;  they  shall  also  elect  a  clerk,  who  shall  hold  his  office  during 
the  pleasure  of  the  board,  and  who  shall  receive  such  compensation  for 
his  services  as  the  board  may  allow.  (S.  1893,  S.  5839.) 

Sec.  10.  (801 8-S.)  Duty  of  President. — It  shall  be  the  duty  of  the  presi- 
dent to  preside  at  meetings  of  the  board  of  education;  to  appoint  all  com- 
mittees whose  appointment  is  not  otherwise  provided  for,  and  to  sign  all 
warrants  ordered  by  the  board  of  education  to  be  drawn  upon  the  treasurer 
for  school  money.  (S.  1893,  S.  5840.) 

Sec.  11.  (801 9-S.)  Vice  President. — It  shall  be  the  duty  of  the  vice  pres- 
ident to  perform  all  the  duties  of  the  president  in  case  of  his  absence  or 
disability.  (S.  1893,  S.  5841.) 

Sec.  12.  (8020-S.)  Duty  of  Clerk. — It  shall  be  the  duty  of  the  clerk  to 
be  present  at  all  meetings  of  the  board;  to  keep  an  accurate  journal  of  its 
proceedings;  to  take  charge  of  its  books  and  documents;  to  countersign 
all  warrants  for  school  moneys  drawn  upon  the  treasurer  by  order  of  the 
board  of  education;  and  perform  such  other  duties  as  the  board  of  educa- 
tion or  its  committees  may  require;  and,  before  entering  upon  the  dis- 
charge of  his  duties  the  clerk  of  the  board  of  education  shall  give  bond  in 
the  sum  of  one  thousand  dollars,  with  good  and  sufficient  sureties  to  be  ap- 
proved by  the  board,  conditioned  for  the  faithful  performance  of  the  duties 
of  his  office.  (S.  1893,  S.  5842.) 

Sec.  13.  (8021-S.)  Treasurer  to  Make  Monthly  Report. — The  treasurer 
shall  prepare  and  submit  in  writing  a  monthly  report  of  the  state  of  the 
finances  of  the  district,  and  shall,  when  required,  produce  at  any  meeting 
of  the  board,  or  to  any  committee  appointed  for  the  purpose  of  examining 
his  accounts,  all  books  and  papers  pertaining  to  his  office.  Upon  failure 
to  make  reports,  as  required  by  law  or  to  obev  the  orders  of  the  board  of 
education,  the  board  may,  at  any  meeting  of  the  board,  summarily  suspend 
said  treasurer  from  acting  as  treasurer  until  restored  by  order  of  the  board, 
or  of  a  judgment  of  a  court  of  competent  jurisdiction,  and  while  so  sus- 
pended no  act  of  his  as  such  treasurer  shall  be  legal  or  binding  upon  the 
board.  The  board  may  immediately  appoint  some  suitable  person  to  act 
as  treasurer  during  the  suspension,  upon  said  appointee  giving  bond  and 
taking  oath  of  office,  as  is  required  by  law,  of  the  regular  treasurer;  and 
upon  demand  the  treasurer  must  immediately  turn  over  to  the  acting 
treasurer  all  books  and  papers  and  other  property  pertaining  to  his  of- 
fice. He  shall  pay  moneys  only  upon  warrants  signed  bv  the  president  or 
in  his  absence  by  the  vice  president  and  countersigned  by  the  clerk:  and 
shall  execute  a  bond  in  such  sum  as  the  board  may  require,  with  sufficient 
securities  to  be  approved  by  the  board,  conditional  for  the  faithful  dis- 
charge of  his  dtities  as  treasurer  of  such  board.1  (1905,  p.  385.) 

Sec.  14.  (8022-S.)  Superintendent  of  the  City  Schools. — The  board  of  edu- 
cation, at  such  time  as  they  shall  deem  expedient,  shall  elect  a  superin- 
tendent of  schools,  in  no  case  a  member  of  their  own  body,  whose  duty  it 
shall  be  to  have  a  general  supervision  of  the  schools  of  the  city,  subject 
to  the  rules  and  regulations  of  the  board,  who  shall  hold  his  office  during 
the  pleasure  of  the  board,  and  shall  receive  such  compensation  as  that 
body  may  allow.  The  board  shall  also  appoint  two  competent  persons,  who. 
with  the  superintendent  as  chairman  thereof,  shall  be  styled  the  examining 
committee  of  the  board  of  education,  whose  duty  it  shall  be  to  examine  all 
persons  who  may  apply  to  them  as  teachers;  and  no  person,  except  one 
who  holds  a  diploma,  or  a  certificate,  from  the  board  of  education  shall 
be  elected  by  the  board  as  teacher  who  cannot  produce  a  certificate  from 
the  examining  committee  signed  by  all  or  a  majority  in  such  department 
of  the  public  schools  as  may  be  stated  in  the  certificate  and  is  a  person 
of  good  moral  character,  and  the  board  may  fill  any  vacancy  which  may 
occur  in  the  examining  committee.  (S.  1893,  S.  5844.) 

—23— 


Sec.  15.  (8023-8.)  Boards  to  Make  Levies.— (As  amended  1905.)  That 
the  board  of  education  of  a  city  of  the  first  class  shall,  on  or  before  the  15th 
day  of  June  of  each  year,  levy  a  tax  for  the  support  of  schools  of  cities  of 
the  first  class  for  the  fiscal  year  next  ensuing,  not  exceeding  in  any  one 
year  twenty  mills  on  the  dollar  on  all  taxable  property  within  the  school 
district  which  is  taxable  according  to  the  laws  of  Oklahoma.  That  such 
levy  shall  be  certified  by  the  clerk  of  the  board  of  education  to  the  county 
clerk,  who  is  hereby  authorized  and  required  to  place  the  same  on  the  tax 
roll  of  said  county,  to  be  collected  by  the  treasurer  of  the  county  as  are 
other  taxes,  and  paid  over  by  him.  That  the  tax  so  levied  shall  be  a  sep- 
arate, distinct  and  specific  fund  for  the  support  of  schools  for  the  fiscal 
year  for  which  such  tax  is  levied.  That  all  debts,  contracts  and  obliga- 
tions made  or  entered  into  by  the  board  of  education  in  excess  of  eighty 
per  cent  of  tax  so  levied,  shall  be  illegal  and  shall  not  be  charged  against 
the  school  district.  (S.  1905,  p.  371.)  (Amended  and  partly  repealed  by  H. 
B.  14,  Spl.  L.  1910.) 

Sec.  16.  (8024-S.  What  Property  Taxable.— -The  "taxable  property  of  the 
whole  city,  including  the  territory  attached  for  school  purposes  shall  be 
subject  to  taxation.  All  taxes  collected  for  the  benefit  of  the  school  shall 
be  placed  in  the  hands  of  the  treasurer,  subject  to  the  order  of  the  board 
of  education.  (L.  1905,  p.  242.) 

Sec.  17.  (8025-S.)  Board  Shall  Meet — When. — The  regular  meetings  or 
the  board  of  education  shall  be  upon  the  first  Monday  of  each  month,  bnt 
special  meetings  may  be  held  from  time  to  time,  as  circumstances  may 
demand.  (S.  1893,  S.  5847.) 

Sec.  18.  (8026-S.)  Make  Annual  Report. — The  board  of  education,  at  the 
close  of  each  school  year  or  as  soon  as  practicable,  shall  make  an  annual 
report  of  all  progress,  prosperity  and  condition,  financial  as  well  as  edu- 
cational, of  all  the  schools  under  their  charge;  and  said  report  or  such 
portion  of  it  as  the  board  of  education  shall  consider  of  advantage  to  the 
public,  shall  be  printed,  either  in  a  public  newspaper  or  in  pamphlet  form. 
(S.  1893,  S.  5848.) 

Sec.  19.  Expenses. — No  expenditures  involving  an  amount  greater  than 
two  hundred  dollars  shall  be  made  except  in  accordance  with  the  provi- 
sions of  a  written  contract,  and  no  contract  involving  an  expenditure  of 
more  than  five  hundred  dollars  for  the  purpose  of  erecting  any  public  build- 
ings or  making  any  improvements  shall  be  made  except  upon  sealed  pro- 
posals and  to  the  lowest  responsible  bidder.  (S.  1893,  S.  5849.) 

Sec.  20.  (8028-S.)  Non-Sectarian  Instruction. — No  sectarian  doctrine 
shall  be  taught  or  inculcated  in  any  of  the  public  schools  of  the  city;  but 
the  Holy  Scriptures,  without  note  or  comment  may  be  used  therein  at  the 
discretion  of  each  teacher.  (S.  1893,  S.  5850.) 

Sec.  21.  (8029)  May  Issue  Bond — When. — Whenever  it  shall  become  nec- 
essary for  the  board  of  education  of  any  school  district,  in  which  is^  in- 
cluded in  whole  or  in  part  a  city  of  the  first  class,  in  order  to  raise 
sufficient  funds  for  the  purchase  of  a  school  site  or  sites  or  to  erect  or 
purchase  and  equip  a  suitable  school  building  or  buildings,  or  both,  it  shall 
be  lawful  for  such  board  of  education  of  such  city  to  borrow  money  for 
which  they  are  hereby  authorized  and  empowered  to  issue  bonds,  bearing 
a  rate  of  interest  not  exceeding  five  per  icentum  (5%)  per  annum,  payable 
semi-annually,  at  such  place  as  may  be  shown  on  the  face  of  said  bonds; 
which  bonds  shall  be  payable  in  not  more  than  twenty-five  years,  from 
their  date;  and  the  board  of  education  is  hereby  authorized  and  empower- 
ed to  sell  such  bonds  at  not  less  than  their  par  value;  provided,  that  be- 
fore any  bond  shall  be  issued,  the  mayor  of  the  city,  composing  in  whole 

—24— 


or  in  part  such  school  district,  shall  cause  an  election  to  be  held  in  such 
district,  as  hereinafter  provided.  (L.  1909,  H.  B.  65.  Took  effect  March 
26,  1909.) 

Sec.  22.  (8030-S.)  Election — Duty  of  Mayor. — It  shall  be  the  duty  of  the 
mayor  of  each  city,  governed  by  this  act,  upon  the  request  of  the  board  of 
education,  forthwith  to  call  an  election  to  be  conducted  in  all  respects  as 
are  special  elections  for  city  officers  in  the  same  city,  except  that  the  re- 
turns shall  be  made  to  the  board  of  education  for  the  purpose  of  taking 
the  sense  of  such  district  upon  the  question  of  issuing  such  bonds,  naming 
in  the  proclamation  of  such  election,  the  amount  of  the  bonds  to  be  voted 
on  and  the  purpose  for  which  they  are  to  be  issued;  and  he  shall  cause 
to  be  published  in  a  newspaper  of  general  circulation  published  in  the  said 
district,  the  time  and  place  of  such  election,  such  notice  to  be  given  at 
least  10  days  before  such  election.  (L.  1909,  H.  B.  65.  Took  effect  March 
26,  1909.) 

Sec.  23.  (8031-S.)  Vote  Required. — On  the  question  of  issuance  of  said 
bonds,  no  person  shall  be  qualified  to  vote  unless  he  be  in  all  respects  a 
qualified  elector  in  such  district.  In  case  three-fifths  of  the  voters  thereof 
voting  at  such  city  election  shall  vote  affirmatively  for  the  issuance  of  said 
bonds,  then  the  said  board  shall  issue  the  same,  and  not  otherwise.  (L. 
1909,  H.  B.  65.  Took  effect  March  26.  1909.) 

Sec  24.  (8032-S.)  Bonds — Form. — The  said  bonds  shall  contain  all  neces- 
sary provisions  as  to  form  and  such  school  district  shall  before  or  at  the 
same  time  of  the  issuance  of  the  same  provide  for  the  collection*  of  an  annual 
tax,  sufficient  to  pay  the  interest  on  such  indebtedness  as  it  falls  due;  and 
also  to  institute  a  sinking  fund  for  the  payment  of  the  principal  thereof 
within  the  time  for  which  the  said  bonds  are  to  run;  Provided,  that  no 
indebtedness  shall  ever  be  incurred  to  an  amount  including  this  indebted- 
ness exceeding  in  the  aggregate  of  five  per  centum  of  the  valuation  of  the 
taxable  property  of  such  district,  to  be  ascertained  from  the  last  assess- 
ment for  state  and  county  purposes,  previous  to  the  incurring  of  such  in- 
debtedness. (L.  1909,  H.  B.  65.  Took  effect  March  26,  1909.) 

Sec.  25.  (8033-S.)  Bonds — How  Signed. — The  bonds,  the  issuance  of 
which  is  provided  in  the  above  sections,  shall  be  signed  by  the  president, 
attested  by  the  clerk  and  countersigned  by  the  treasurer  of  the  board  of 
education  and  shall  have  indorsed  theron,  a  certificate  signed  by  the  county 
clerk  or  other  officer  authorized  by  law  to  sign  such  certificate  and  the 
county  attorney  of  the  county  wherein  such  district  is  located,  stating  that 
said  bonds  or  evidence  of  debt  is  issued  pursuant  to  law  and  that  said 
issue  is  within  the  debt  limit  and  provided,  that  each  of  the  said  bonds 
shall  be  for  a  sum  of  not  less  than  one  hundred  dollars  ($100.00.)  (L.  1909, 
H.  B.  Took  effect  March  26,  1909.) 

Note. — The  Act  in  which  the  four  foregoing  Sections  appear,  repeals 
(Sec.  5.)  an  "Act  of  Congress,  entitled,  an  Act  to  amend  an  act  to  pro- 
hibit the  passage  of  special  or  local  laws  in  the  territory,  to  limit  the  ter- 
ritorial indebtedness  and  for  other  purposes,'  approved  April  28,  1904, 
Chapter  1817,  33rd  Statutes  at  Large,  565,  in  so  far  as  the  same  is  applicable 
to  Oklahoma,  and  all  acts  and  parts  of  acts  in  conflict  herewith." 

Sec*  26.  (8034-S.)  Certain  Bonds  Validated — Proviso. — In  any 
case  where  at  an  election  heretofore  held  in  any  city  school  district  of  a 
city  of  the  first  class  in  the  State  of  Oklahoma  at  least  three-fifths  of  the 
qualified  voters  of  said  city  school  district  have  voted  in  favor  of  the  is- 
suance of  the  bonds  of  the  board  of  education  of  said  city  for  the  purpose 
of  purchasing  a  site  or  sites  and  erecting  a  building  or  buildings  thereon 
or  of  purchasing  a  building  or  buildings  and  equipping  the  same  for  school 
purposes  in  and  for  said  school  district,  or  for  any  one  or  more,  or  all  of 

—25— 


said  purposes,  whether  jointly  or  severally  stated  or  submitted,  then  in 
every  such  case  all  bonds  of  any  such  board  of  education  which  have  been 
so  voted  and  issued  or  which  have  been  so  voted  and  shall  hereafter  be  is- 
sued in  pursuance  of  said  election  are  hereby  declared  to  be  lawfully  is- 
rued  f\nrl  the  legal,  valid  and  binding  obligations  of  said  board  of  educa- 
tion; Provided,  however,  that  said  bonds  do  not  in  the  aggregate,  togetht. 
with  all  existing  indebtedness  of  said  board  of  education  or  said  city  school 
district,  exceed  five  per  centum  of  the  valuation  of  the  taxable  property  in 
said  city  school  district  and  school  corporation,  as  shown  by  the  last  as- 
sessment for  state  and  county  purposes  previous  to  the  issuance  of  such 
bonds.  (L.  1909,  H.  B.  65.  Took  e'ffect  March  26,  1909.) 

Sec.  27.  (8035-S.)  Same. — All  bond  elections  mentioned  in  Sec.  I.  (8034) 
of  this  article  which  have  been  fairly  conducted  are  hereby  declared  valid 
and  fully  legalized,  notwithstanding  any  irregularities  in  the  conduct  of  the 
same,  or  in  the  forms  of  the  ballots  thereat.  (L.  1909,  H.  B.  Took  effect 
March  26,  1909.) 

Sec.  27.  (8036-S.)  Same.— Tax  Levies  Validated.— All  tax  levies  here- 
tofore made  or  provided  for  in  order  to  raise  the  necessary  funds  to  meet 
the  interest  on  the  bonds  mentioned  in  Sec.  1  (8034)  of  this  article  as  it 
falls  due,  and  also  to  constitute  a  sinking  fund  for  the  payment  of  the 
principal  thereof  within  twenty-five  years  from  the  date  of  said  bonds,  be 
and  the  same  are  hereby  legalized,  validated  and  .confirmed.  (L.  1909,  H. 
B.  Took  effect  March  26,  1909.) 

Sec.  28.  (8037-S.)  Board  Shall  Invest  Money. — All  moneys  raised  for  the 
purpose  .of  creating  a  sinking  fund  for  the  final  redemption  of  all  bonds 
issued  under  this  article  shall  be  invested  annually  by  the  board  of  edu- 
cation in  bonds  of  the  State  of  Oklahoma  or  of  the  United  States  or  the 
board  may  buy  and  cancel  the  bonds  of  the  district  whenever  such  may 
be  purchased  at  or  below  par.  (S.  1893,  S.  5855.) 

Sec.  29.  (8038-S.)  Interest. — Whenever  the  interest  coupons  of  the  bonds 
hereinbefore  authorized  shall  become  due,  they  shall  be  promptly  paid,  on 
presentation,  by  the  treasurer  out  of  the  money  in  his  hands  collected  for 
that  purpose,  and  he  shall  endorse  upon  the  face  of  such  coupons  in  red 
ink  the  word  "Paid"  and  the  date  of  the  payment,  and  sign  the  initials  of 
his  name.  (S.  1893,  S.  5856.) 

Sec.  30.  (8033-S.)  Property  Pledge  for  What. — The  school  fund  and 
property  of  such  city  and  state  attached  for  school  purposes  is  hereby 
pledge  to  the  payment  of  tiie  interest  and  principal  of  the  bonds  mentioned 
in  this  article,  as  the  same  may  become  due.  (S.  1893,  S.  5857.) 

Sec.  31.  (8040-S.)  All  Warrants  Shall  be  Registered.— It  shall  be  the  duty 
of  the  clerk  of  the  board  of  education  to  register  in  a  book  provided  for 
that  purpose  -the  bonds  issued  under  this  article,  and  all  warrants  issued 
by  the  board,  which  said  register  shall  show  the  number,  date  and  amount 
of  said  bonds  and  to  whom  made  payable.  (S.  1893,  S.  5858.) 

Sec.  32.  (8041-S.)  The  Oath  Required. — Each  member  of  the  board  of 
education  and  officer  provided  for.  in  this  article  shall  take  and  subscribe 
an  oath  or  affirmation  to  support  the  constitution  of  the  United  States,  the 
constitution  of  the  State  of  Oklahoma,  and  faithfully  perform  the  duties 
of  his  office.  The  oath  and  bond  of  the  clerk  shall  be  filed  with  the 
treasurer,  all  other  oaths  and  bonds  shall  be  filed  with  the  clerk.  (S.  1893, 
S.  5859.) 


Sec.  33.  (8042-S.)  Enumeration  of  Children. — That  the  board  of  education 
shall  provide  for  an  enumeration  of  the  (Children  of  school  age  between  the 
first  and  fifteenth  day  of  January  of  each  year  and  forward  the  same  lo 
the  county  clerk  of  the  county  who  shall  file  and  use  such  enumeration  as 
required  by  law  in  the  case  of  other  districts.  (S.  1893,  S.  5860.) 

Sec.  34.  (8043-S.)  Boards  of  Education  May  Issue  Bonds. — The  board  of 
education  of  any  city  or  any  school  district  containing  within  the  boundaries 
thereof  any  city  or  incorporated  town  which  has  heretofore  become  in- 
debted by  issuing  bonds  for  the  purpose  of  building  and  furnishing  school 
houses,  or  purchasing  sites  therefor,  may  issue  bonds  and  borrow  money 
thereon  and  reimburse  from  the  proceeds  thereof  said  city.  Said  bonds 
shall  be  authorized  in  the  manner  and  under  the  procedure  and  of  the  .con- 
ditions and  terms  as  is  now  authorized  by  law. 

Provided,  Whenever  any  board  of  education  or  any  school  district 
shall  have  reimbursed  any  city  or  town  as  aforesaid,  the  proper  officers 
thereof  shall  immediately  convey,  by  good  and  sufficient  deed,  all  the  title 
and  interest  of  said  city  or  town  in  and  to  said  school  property,  the  effect 
of  which  shall  be  to  immediately  divest  said  city  or  town  of  any  right  in 
or  to  said  property,  and  to  vest  the  same  absolutely  in  said  board  of  edu- 
cation or  said  school  district.  (L.  1907-8,  p.  673.) 

Sec.  35.  (8044-S.)  Limit  of  Indebtedness.— It  shall  be  lawful  for  the 
board  of  education  of  any  city  or  any  school  district  to  become  indebted  for 
the  purposes  set  out  in  Sec.  1  of  this  Act  (8043),  or  for  any  other  purpose 
as  now  provided  by  law,  in  a  sum  not  in  excess  of  five  (5)  per  centum  of 
the  assessed  valuation  of  the  taxable  property  within  the  boundaries  there- 
of as  shown  by  the  last  preceding  assessment  taken  for  the  purpose  of 
taxation.  (L.  1907-8,  p.  673.) 

Sec.  36.  (8045-S.)  Electors  in  School  Elections.— That  all  elecMons  here- 
after held  in  cities  of  the  first  class  in  this  State  for  the  election  of  mem- 
bers of  the  board  of  education,  treasurer  of  the  board  of  education  and  all 
elective  school  officers,  the  following  persons  shall  be  qualified  and  en- 
titled to  vote  as  such  election  and  for  the  class  of  officers  above  named, 
to-wit:  All  persons,  male  and  female,  over  the  pge  of  twenty-one  years,  who 
possess  the  other  qualifications  prescribed  by  the  organic  act  (constitution) 
and  general  election  laws  of  the  State  of  Oklahoma.  (L.  1905,  p.  126.) 

Sec.  37.  (8046-S.)  Separate  Ballots. — At  all  such  elections  a  separate 
ballot  for  the  class  of  officers  designated  in  Sec.  1  (8045)  shall  be  pro- 
vided and  a  separate  ballot  box  provided  for  the  reception  of  such  ballots, 
but  the  votes  shall  be  received  at  the  regular  polling  place  or  places  and 
be  under  the  supervision  of  the  same  election  board  as  the  ballots  cast  for 
other  elective  officers  at  said  election.  (L.  1905,  p.  126.) 


S.  B.  NO.  24,  SESSION  LAWS  1910    SPECIAL  SESSION. 
AN  ACT 

To  Amend  Section  5836,  Article,  7  Chapter  73,  of  the  Statutes  of  Okla- 
homa, 1903,  Relating  to  Schools  in  Cities  of  the  First  Class. 

Be  it  Enacted  by  the  People  of  the  State  of  Oklahoma: 
Sec.  38.     Sec.  5836,  Article  7,  Chapter  73,  of  the  Statutes  of  Oklahoma, 
1903,  be  and  the  same  is  hereby  amended  to  read  as  follows: 

A  separate  ballot  box  for  school  purposes  shall  be  provided  by  the 
city  clerk,  and  ballots  for  school  officers  deposited  therein.  It  shall  be  the 
duty  of  the  city  clerk  to  prepare  suitable  places  for  holding  such  elections. 

—27— 


At  such  annual  elections  there  shall  be  a  Board  of  Education  consisting  of 
one  member  from  each  ward  elected  by  the  qualified  voters  thereof,  who 
shall  hold  his  office  for  a  term  of  two  years  and  until  his  successor  is 
elected  and  qualified.  Provided,  that  no  member  of  the  Board  of  Education 
shall  be  a  member  of  the  Council,  nor  shall  any  member  of  the  Council  be 
a  member  of  the  Board  of  Education,  Provided,  further,  that  the  officers 
and  members  of  the  Board  of  Education  in  cities  of  the  first  class  shall 
hold  their  offices  for  the  full  term  to  which  they  were  elected;  and  pro- 
dded, further,  that  in  cities  within  the  State  of  Oklahoma,  which  have 
heretofore  adopted,  or  may  hereafter  adopt,  a  Charter  form  of  Government, 
such  cities  shall  have  the  power  of  fixing  the  number  of  members  of  their 
Board  of  Education,  and  their  terms  of  office,  and  may,  subject  to  the  Con- 
stitution and  general  laws  of  the  State,  regulate  the  time  and  manner  of  the 
election  of  the  members  of  the  Board  of  Education,  and  their  terms  of  of- 
fice, within  such  'Charter  cities,  and  shall  further  have  power,  if  there  be 
any  territory  outside  the  corporate  limits  of  such  city,  to  attach  for  voting 
purpose  such  territory  to  an  adjoining  voting  precinct  of  an  adjoining  ward 
of  such  city. 

Sec.  2.  An  emergency  is  hereby  declared  to  exist  by  reason  whereof 
it  is  necessary  for  the  immediate  preservation  of  the  public  peace  and  safety 
that  this  Act  take  effect  from  and  after  its  passage  and  approval. 

Approved  March  28,  1910.. 


ARTICLE  VI. 
Districts. 


SECTION 

1.  Organization. 

2.  Body  Corporate. 

3.  New  Districts  Formed  from  One  or  More 

Districts. 

4.  Aggrieved  Persons  May  Appeal. 

5.  Annual    and    Special    District    Meetings. 

6.  Special     Meeting    for    Transacting    the 

Business  of  the  Annual  Meeting 

7.  Notice  of  District  Meetings. 

8.  Who  may  Vote  at  District  Meetings. 

9.  Votes  Challenged. 

10.  Powers  of  District  Meeting. 

11.  School  Term. 

12.  How  School  House  Site  may  be  Changed. 

13.  How  to  Condemn  a  School  House  Site. 

14.  May  Construct  Buildings. 

15.  Contract. 


SECTION 

16.  Rental  Contract. 

17.  Two  or  More  School  Houses. 

18.  Locations  Legalized. 

19.  District  May  Become  Indebted. 

20.  District  May  Issue  Bonds. 

21.  Bond  Elections. 

22.  Denomination  of  Bonds,  etc. 

23.  Registration  of  Bonds. 

24.  Interest  and  Sinking  Fund. 

25.  Penalty  for  Fraudulent  Issue. 

26.  Payment    and    Cancellation — Reports. 

27.  Superintendent  to  Apportion  Debts. 

28.  To  Issue  Orders  on  Treasurer. 

29.  To  Dispose  of  Property. 

30.  Re-locating    School    Houses— Vote    Re- 

quired. 


Sec.  1.  (8047-S.)  Organization. — Every  school  district  shall  be  deemed 
duly  organized  when  the  officers  constituting  the  district  board  shall  have 
been  elected  and  qualified  and  shall  have  signified  their  acceptance  to  the 
county  superintendent  in  writing,  which  the  superintendent  shall  file  in  his 
office.  (S.  1893,  S.  5764.) 

Sec.  2.  (8048-S.)  Body  Corporate. — Every  school  district  organized  in 
pursuance  of  this  act  shall  be  a  body  corporate,  and  shall  possess  the  usual 
powers  of  a  corporation  for  public  purposes  by  the  name  and  style  of  School 
District — (such  a  number  as  may  be  designated  by  the  county  superinten- 
dent, county, — (the  name  of  the  county  in  which  the  district  is  situated), 
State  of  Oklahoma,  and  in  that  name  may  sue  and  be  sued,  and  be  capable 
of  contracting  and  be  contracted  with,  and  holding  such  real  and  personal 
estate  as  it  may  come  into  possession  of  by  will  or  otherwise,  or  as  is  au- 
thorized to  be  purchased  by  the  provisions  of  this  act.  (S.  1893,  S.  5765.) 

Sec.  3.  (8049-S.)  New  Districts. — When  a  new  district  is  formed  in  whole 
or  in  part  from  one  or  more  districts  possessing  a  school  house  or  entitled 
to  other  property,  the  county  superintendent,  at  the  time  of  forming  such 
new  district  shall  equitably  determine  the  proportion  of  the  present  value 
of  such  school  house  or  other  property  justly  due  to  said  new  district.  Such 
proportion  when  ascertained  shall  be  levied  by  the  district  board  of  the 
district  retaining  the  school  house  or  other  property  upon  the  taxable  prop- 
erty of  the  district,  and  shall  be  collected  in  the  same  manner  as  if  the 
same  had  been  authorized  by  a  vote  of  the  district  for  building  a  school 
house,  and  when  collected  shall  be  paid  to  the  treasurer  of  the  new  dis- 
trict, to  be  applied  towards  procuring  a  school  house  for  such  district. 
(S.  1893,  S.  5766.) 

Sec.  4.  (8050-S.)  Aggrieved  Persons  May  Appeal. — (As  amended,  1895.) 
If,  in  the  formation  or  alteration  of,  or  refusal  to  form  or  alter  school  dis- 
tricts, any  person  or  persons  shall  feel  aggrieved  such  person  or  persons 
may  appeal  to  the  board  of  county  commissioners:  Provided,  That  notice 
of  such  appeal  shall  be  served  on  the  county  superintendent  within  ten  days 
of  the  time  of  posting  the  notices  of  the  formation  or  alteration  of  such 
district.  Such  notice  shall  be  in  writing  and  shall  state  fully  the  objections 
to  the  actions  of  the  county  superintendent,  a  copy  of  which  shall  be  filed 
with  the  county  clerk,  and  also  with  the  clerk  of  all  districts  affected  by 
such  alteration:  And,  Provided,  Also,  That  such  appeal  shall  be  heard  and 
decided  by  the  majority  of  the  board  of  county  commissioners  at  their  next 

—29— 


regular  meeting,  and  if  such  appeal  is  not  sustained  by  them,  the  county 
superintendent  shall  proceed  to  appoint  the  time  and  place  for  said  first 
district  meeting . which  shall  then  proceed  as  by  law  required:  Provided, 
Further,  That  either  party,  or  any  person  or  persons  residing  in  the  school 
district  affected  by  such  formation  or  alteration,  may  appeal  from  the  find- 
ing of  the  board  of  county  commissioners  to  the  district  court  of  the  county, 
by  filing  with  the  county  clerk,  within  ten  days  from  the  action  of  the  board 
of  county  commissioners,  a  notice  of  appeal.  The  county  clerk  shall  there- 
upon make  a  certified  transcript  of  the  proceedings  had  before  the  county 
commissioners,  and  shall,  within  twenty  days  from  the  filing  of  said  notice 
of  appeal,  deliver  or  transmit  to  the  clerk  of  the  district  court  of  his  county 
the  said  transcript  and  all  of  the  papers  in  said  case.  All  further  proceed- 
ings by  the  county  superintendent  shall  cease  and  be  stayed  upon  the  filing 
of  said  notice  of  appeal  with  the  county  ^clerk,  and  like  proceedings  shall 
be  had  in  the  district  court  as  are  now  provided  by  law  for  the  hearing  and 
trial  of  appeals  from  the  judgment  of  a  justice  of  the  peace.  (L.  1895,  p. 
240.) 

Sec.  5.  (8057-S.)  Time  of  Annual  Meeting. — An  annual  school  meeting 
of  each  school  district  shall  be  held  on  the  first  Tuesday  in  June  of  each 
year,  and  at  such  precincts  or  polling  places  as  the  board  may  designate, 
beginning  at  two  o'clock  p.  m.;  Provided,  However,  That  for  the  year  nine- 
teen hundred  eight  said  annual  school  meeting  shall  be  held  on  the  Fourth 
Tuesday  in  July  in  order  that  the  new  assessment  under  the  constitutional 
provisions  may  have  been  completed  before  the  date  of  the  annual  school 
meeting  for  the  said  year  nineteen  hundred  eight.  'Notice  of  the  time  and 
place  of  the  annual  meeting  shall  be  given  by  the  clerk  by  posting  written 
or  printed  notices  in  five  public  places  in  the  district  prior  to  said  meeting. 
Special  meetings  may  be  called  by  a  majority  of  the  district  board,  or  by  a 
majority  of  the  legal  voters  of  the  district;  but  notice  of  said  special  meet- 
ing, stating  the  purpose  for  which  it  is  called,  together  with  the  time  and 
place,  shall  be  posted  at  least  ten  days  before  the  meeting,  in  five  public 
places.  Prior  to  said  annual  meeting  the  county  clerk  shall  furnish  the  dis- 
trict clerk  with  a  certificate  of  valuation  of  the  property  of  such  district. 
(L.  1907-8,  p.  399.) 

Sec.  6.  (8052-S.)  Special  Meetings. — Whenever  the  time  for  holding  an 
annual  meeting  in  any  district  shall  pass  without  said  meeting  being  held, 
the  clerk,  or  in  his  absence,  any  other  member  of  the  district  board,  within 
twenty  days  after  the  time  for  holding  said  annual  meeting  shall  have 
passed,  may  give  notice  of  a  special  meeting  by  putting  up  written  notices 
thereof  in  three  public  places  within  the  district,  at  least  five  days  previous 
to  the  time  of  meeting;  but  if  such  meeting  shall  not  be  advertised  within 
twenty  days  as  aforesaid  the  county  superintendent  may  give  notice  of  such 
meeting  in  the  manner  provided  for  forming  a  new  district,  and  the  officers 
•chosen  at  such  special  meeting  shall  hold  their  offices  until  the  next  an- 
nual meeting,  and  until  their  successors  are  elected  and  qualified.  (S.  1893, 
S.  5769.) 

Sec.  7.  (8053-S.)  District  Meetings.— It  shall  be  the  duty  of  the  clerk 
to  give  at  least  ten  days'  notice  previous  to  any  annual  or  special  district 
meeting  by  posting  up  notices  thereof  at  three  or  four  public  places  in  the 
district,  one  of  which  notices  shall  be  affixed  to  the  outer  door  of  the  school 
house,  if  there  be  one  in  the  district,  and  said  clerk  shall  give  like  notice 
of  every  adjourned  meeting,  when  such  meeting  shall  have  been  adjourned 
for  longer  than  one  month,  every  notice  for  a  special  district  meeting  shall 
specify  the  object  for  which  such  meeting  was  called,  and  no  business  skall 
be  acted  upon  at  any  special  meeting,  not  specified  in  saitf  notice.  (S.  1893, 
S.  5770.) 

—30— 


Sec.  8.  (8054-S.)  Who  May  Vote. — The  following  persons  shall  be  en- 
titled to  vote  at  any  district  meeting.  First,  All  persons  possessing  the 
qualifications  of  electors  as  defined  by  organic  act  of  the  territory  (the 
constitution*  of  Oklahoma),  and  the  statutes  thereof  and  who  shall  be  resi- 
dents of  the  district  at  the  time  of  offering  to  vote  at  said  election.  Sec- 
ond, all  female  persons  over  the  age  of  twenty-one  years  who  are  citizens 
of  the  United  States  or  shall  have  declared  their  intention  to  become  such, 
and  who  shall  be  residents  of  the  district  at  the  time  of  offering  to  vote. 
(S.  1893,  S.  5771.)  (*Compare  with  Art.  39,  constitution.) 

Sec.  9.  (8055-S.)  Challenges. — If  any  person  offering  to  vote  at  a  school 
district  meeting  shall  be  challenged  as  unqualified  by  any  legal  voter,  the 
chairman  presiding  shall  declare  to  the  person  challenged  the  qualifications 
of  a  voter,  and  if  such  challenge  be  not  withdrawn,  the  chairman  who  is 
hereby  authorized,  shall  tender  to  the  person  offering  to  vote  the  follow- 
ing oath  or  affirmation:  "You  do  solemnly  swear  (or  affirm)  that  you 
are  an  actual  resident  of  this  school  district  and  that  you  are  qualified 
by  law  to  vote  at  this  meeting."  Any  person  taking  such  oath  or  affirma- 
tion shall  be  entitled  to  vote  on  all  questions  voted  upon  at  such  meeting. 
(S.  1893,  S.  5772.)) 

Sec.  10.  (8056-S.)  Power  of  District  Meeting.— The  inhabitants  qualified 
to  vote  at  a  school  meeting  lawfully  assembled,  shall  have  power:  First, 
To  appoint  a  chairman  to  preside  over  said  meeting  in  the  absence  of  the 
director.  Second,  To  adjourn  from  tim  eto  time.  Third,  To  choose  a  direc- 
tor, clerk  and  treasurer,  who  shall  possess  the  qualificatins  of  voters. 
Fourth,  To  designate  by  vote  a  site  for  the  district  school  house:  Provided, 
That  the  designation  of  a  site  for  the  district  school  house  shall  not  be  over 
one-half  mile  from  the  center  of  said  district.  Fifth,  To  vote  annually  a  tax 
not  exceeding  two  per  cent  on  all  the  taxable  property  in  the  district,  as 
the  meeting  shall  deem  sufficient  for  the  various  school  purposes,  and  dis- 
tribute the  amount  as  the  meeting  shall  deem  proper  in  the  payment  of 
teachers'  wages,  and  to  build,  hire,  or  purchase  a  school  house  and  keep  it 
in  repair,  and  to  'furnish  the  same  with  necessary  fuel  and  appendages  and 
to  purchase  or  lease  a  site:  Provided,  That  when  not  included  within  the 
limits  of  a  town  or  village  said  site  shall  not  contain  less  than  one  acre. 
Sixth,  To  authorize  and  direct  the  sale  of  any  school  site  or  other  property 
belonging  to  the  district  (when  the  same  shall  be  no  longer  needful  for 
the  district)  to  give  such  directions  and  make  such  provisions  as  may  be 
deemed  necessary  in  relation  to  the  prosecution  or  defense  of  any  suit  or 
proceedings  in  which  the  district  may  be  a  party.  Also,  Provided,  Further, 
That  if  the  inhabitants  of  any  school  district  shall  neglect  or  refuse  to 
make  such  levy,  then  the  board  of  county  commissioners  of  such  county, 
through  the  advice  of  the  county  superintendent  of  public  instruction,  shall 
levy  a  tax  annually  of  not  to  exceed  two  per  cent*  on  all  taxable  property 
in  the  district.  (L.  1895,  p.  246.)  (*Compare  with  Art.  X,  Sec.  10,  Bunn's 
Constitution.)  (Also  see  H.  B.  14,  Spl.  L.  1910,  which  repeals  the  fifth  and 
sixth  provisions,  in  part.) 

Sec.  11.  (8057-S.)  Determine  School  Term. — The  qualified  voters  at  each 
annual  meeting,  or  any  special  meeting  duly  called,  may  determine  the 
length  of  time  a  school  shall  be  taught  in  their  district  for  the  then  ensuing 
year,  which  shall  not  be  less  than  three  months  and  when  such  school  shall 
be  taught,  and  whether  the  school  money  to  which  the  district  may  be  en- 
titled shall  be  applied  in  support  of  the  summer  or  winter  term  of  school, 
or  a  certain  portion  of  each;  but  if  such  matters  shall  not  be  determined 
at  the  annual  or  any  special  meeting,  it  shall  be  the  duty  of  the  district 
board  to  determine  the  same.  (S.  1893,  S.  5774.) 

Sec.  12.  (8058-S.)  Change  of  School  House. — That  school  districts  having 
school  houses  the  value  of  which  is  not  less  than  five  hundred  dollars  the 

—31— 


school  house  site  shall  not  be  changed  except  by  a  vote  of  at  least  three- 
fifths  the  legal  voters  of  such  district  in  favor  of  such  change.  (S.  1893, 
S.  5775.) 

Sec.  13.  (8059-S.)  IVfay  Condemn  Site. — In  case  any  school  district  can- 
not by  purchase  at  reasonable  rates,  or  by  donation,  or  otherwise,  obtain 
title  to  a  site  selected  by  such  school  district;  or,  if  it  be  deemed  advisable 
by  such  school  district,  or  by  the  district  board,  to  add  other  ground  to 
any  school  house  site  already  selected;  or  if,  in  good  faith,  but  by  mistake 
or  otherwise,  a  school  house  has  been  or  shall  be  erected  wholly  or  partially 
upon  any  land  or  lot  to  which  said  school  district  at  the  time  of  the  erection 
of  su.ch  school  building,  or  any  addition  thereto,  had  not  acquired  title,  then 
and  in  any  such  case,  upon  a  written  application  of  the  district  board  of  such 
school  district,  or  a  majority  of  the  board,  made  to  the  probate  judge  of 
the  county  in  which  such  school  district  is  situated,  the  probate  judge 
shall  fix  a  day  for  the  hearing  of  the  same,  not  less  than  fifteen  days,  nor 
more  than  thirty  days,  from  the  date  of  such  filing,  and  shall  cause  at  least 
ten  days'  notice  in  writing  of  such  hearing  to  be  given  to  all  owners,  or 
parties  having  any  interest  whatever  of  record  in  the  land  proposed  to  be 
condemned,  either  by  personal  service  on  each  such  adverse  party,  or  by 
leaving  a  copy  of  such  notice  at  his  usual  place  of  residence,  or,  in  case 
any  or  all  such  parties  are  non-residents  of  the  State,  such  notice  shall  be 
made  by  publication  in  some  newspaper  published  in  the  county,  for  two 
consecutive  weeks.  The  service  of  such  notice,  other  than  by  publication 
shall  be  made  and  returned  by  the  sheriff  of  the  county  in  which  the  land 
proposed  to  be  condemned  is  situated.  Such  notice  shall  set  forth  the 
number  or  legal  designation  of  the  applicant  school  district,  a  description 
of  the  land  proposed  to  be  condemned,  and  the  time  of  the  hearing  upon  the 
application.  On  the  return  day  of  such  notice,  the  probate  judge  shall  ex- 
amine the  application  and  notice,  and  if  he  find  the  same  sufficient,  shall 
immediately  appoint  three  disinterested  free  holders  of  such  county,  who 
are  not  residents  of  such  school  district,  to  condemn  such  site,  or  addition 
thereto;  and  in  case  such  land  or  lot  so  to  be  condemned  and  appraised 
shall  be  an  original  selection  for  the  school  house  site,  the  amount  so  to 
be  condemned  and  appraised  shall  not  exceed  one  and  one-half  acres;  and 
if  it  be  for  addition  to  an  existing  site,  the  additional  amount  so  condemned 
and  appraised  shall  not,  with  the  original  site,  exceed  one  and  one-half 
acres.  All  of  the  provisions  of  this  section  shall  apply  to  school  districts 
included  within  the  boundaries  of  cities  of  the  first  class,  and  to  a  board 
of  education  of  a  city  of  the  first  class  applying  to  condemn  a  school  house 
site  for  such  district,  or  an  addition  to  an  existing  site.  Provided,  That  the 
board  of  education  of  a  <city  of  the  first  class  may,  if  deemed  necessary, 
condemn  an  entire  block,  according  to  the  plat  oi  such  city,  not  to  exceed 
four  acres,  exclusive  of  streets  and  alleys,  and  may  condemn  as  many  such 
sites  as  shall  be  deemed  necessary  for  schools  in  cities  of  the  first  class. 
And  Provided  Further,  That  a  board  of  education  in  a  city  of  the  first  class, 
in  any  proceedings  under  this  Section,  may  join  all  the  owners  of,  or  parties 
having  joint  or  several  interests  in  the  proposed  site  to  be  condemned,  in 
the  same  application  as  parties  defendant  thereto,  and  the  appraisers,  in 
condemning  and  appraising  such  site,  or  addition  thereto,  shall  return  a 
report  separately  of  the  valuation  fixed  by  them  upon  each  lot,  or  separate 
tract  included  within  the  proposed  site  or  addition  thereto,  and  any  one 
or  more  land  owners,  or  parties  adversely  interested,  who  may  be  dissat- 
isfied with  such  appraisement,  may  appeal  as  hereinafter  provided,  with- 
out joining  the  other  defendants.  Immediately  after  their  appointment 
such  appraisers  shall  proceed  to  condemn  and  appraise  the  value  of  the  site 
so  selected,  or  the  addition  to  such  existing  site,  and  they  shall,  within  ten 

—32— 


days  thereafter,  make  and  sign  and  acknowledge  a  report  describing  the  lot 
so  condemned,  the  purpose  for  which  it  was  so  'condemned,  and  the  ap- 
praised value  thereof,  which  report  shall  be  by  them  filed  in  the  office  of 
the  register  of  deeds  in  the  county  in  which  the  land  or  lot  is  situated,  and 
by  such  register  duly  recorded  as  other  instruments  of  writing  affecting  the 
title  to  real  estate  are  recorded.  A  copy  of  such  report,  certified  by  the 
register  of  deeds,  shall  also  be  filed  with  the  probate  judge  before  whom 
such  proceedings  were  had,  and  in  case  of  an  appeal  to  the  district  court, 
the  original  application,  and  notice,  and  proof  of  service,  the  order  appoint- 
ing the  appraisers  and  such  certified  copy  of  the  report  shall  constitute  the 
record  to  be  certified  by  such  probate  judge  to  the  district  court.  In  ap- 
praising any  school  house  site  or  addition  thereto,  to  which  such  school 
district  had  not  title  at  the  time  of  erecting  any  school  house,  or  addition 
thereto  thereon,  said  appraisers  shall  exclude  from  their  appraisement  the 
value  of  such  school  house  or  addition,  and  appraise  such  land  or  lot  at  its 
value,  exclusive  of  such  building,  addition,  or  other  improvements  placed 
thereon,  in  good  faith,  but  by  mistake  of  such  school  district,  or  such  school 
district  board.  Within  thirty  days  after  the  report  of  such  appraisers  is 
filed  in  the  office  of  the  register  of  deeds,  the  district  board  of  such  school 
district  shall  pay  to  the  county  treasurer  of  the  county  in  which  said  con- 
demned land  or  lot  is  situated,  for  the  use  of  the  owner  of  such  land  or 
lots,  the  amount  of  the  appraised  value  thereof,  also  fifty  cents  for  the 
register  of  deeds  for  recording  said  report.  And  upon  such  payment  being 
made  to  such  county  treasurer  by  such  district  board,  the  title  to  such  site, 
or  addition  thereto,  shall  vest  in  the  school  district.  Either  party,  the 
owner  of  the  lot  or  land  condemned,  or  the  school  district,  may  appeal 
from  such  appraisement  to  the  district  court,  in  the  same  manner  that  ap- 
peals are  taken  from  judgment  of  justices  of  the  peace  in  civil  actions. 
(L.  1903,  p.  251.) 

Sec.  14.  (8060-S.)  May  Construct  Buildings. — The  school  district  board 
of  any  school  district,  or  board  of  education  of  any  city,  in  the  State,  pro- 
vided the  electors  entitled  to  vote  in  school  elections,  in  such  districts 
shall  by  a  majority  vote  so  authorize,  shall  have  power  to  contract  for,  ac- 
quire or  construct  necessary  school  buildings  and  additions  thereto,  to  be 
paid  for  by  an  annual  rental  and  to  levy  an  annual  tax  of  not  more  than 
three  mills,  for  the  payment  of  such  rental:  Provided,  However,  That  the 
total  levy  upon  an  ad  valorem  basis  for  all  purposes  within  any  district 
shall  not  exceed  the  amount  authorized  by  Sec.  9,  of  Art.  10,  of  the  Con- 
stitution. (L.  1907-8,  p.  671.) 

Sec.  15.  (806 1-S.)  Contract. — Any  contract  made  under  the  provisions 
of  this  Act,  shall  be  approved  by  a  majority  of  the  voters  of  the  district 
present  at  a  regular  school  election,  or  at  a  special  election  held  for  that 
purpose,  notice  of  which  shall  be  given  by  posting  five  written  or  printed 
notices  in  the  district  ten  days  prior  to  such  meeting  or  by  publication  in 
a  newspaper,  if  a  newspaper  is  published  in  said  district,  in  at  least  ten 
issues  of  a  daily  newspaper,  if  a  daily  is  published  in  said  district;  and  if 
no  daily  newspaper  is  published  in  said  district,  notice  shall  be  given  by 
publication  in  at  least  two  issues  of  a  weekly  newspaper,  if  published  in  said 
district.  Such  publication  to  be  not  less  than  ten  days  prior  to  said  election. 
(L.  1907-8,  p.  671.) 

Sec.  16.  (8062-S.)  Rental  Contract. — Where  any  rental  contract  is  entered 
into,  the  trustees  of  any  school  district  in  this  S^ate,  as  provided  in  Sec.  1, 
(8060),  where  the  total  amount  to  be  paid  thereunder  cannot  be  paid  within 
ten  years  by  the  three  mill  levy  upon  an  ad  valorem  basis,  upon  all  the 
taxable  property  within  said  district,  an  additional  levy  of  an  amount  suf- 
ficient for  such  purposes  may  be  authorized  by  a  majority  vote  of  the  per- 

—33— 


sons  qualified  to  vote  at  such  school  district  elections  or  meetings  as  pro- 
vided in  Sec.  3  of  Art.  3  of  the  Constitution,  at  a  special  election  called  for 
that  purpose  by  the  trustees  of  such  district,  Provided,  However,  That  the 
total  amount  of  such  increased  levy  shall  not  exceed  five  mills  on  the  dol- 
lar of  the  assessed  value  of  the  taxable  property  in  such  school  district. 
Notice  of  such  special  election  shall  be  given  as  the  notices  in  the  preceding 
section.  (L.  1907-8,  p.  672.) 

Sec.  17.  (8063-S.)  Two  or  More  School  Houses  May  be  Built,  Etc. — The 
board  of  directors  of  any  school  district  in  this  State,  may  construct  and 
maintain  two  or  more  school  houses  in  any  school  district  in  this  State: 
Provided,  A  majority  of  the  legal  voters  of  said  district  shall  authorize 
the  same  at  an  election  to  be  held  in  said  district  as  other  elections  are 
held  for  school  purposes.  (L.  1909,  S.  B.  295.  Took  effect  March  17, 
1909.) 

Sec.  18.  (8064-S.)  Locations  Legalized. — That  the  location  or  contruc- 
tion  of  any  school  houses  already  lacated  or  constructed  by  the  board 
of  education  or  board  of  directors  of  any  school  district  in  this  State  are 
(is)  hereby  legalized.  (L.  1909,  S.  B.  295.  Took  effect  March  17,  1909.) 

Sec.  19.  (8065-S.)  District  May  Become  Indebted— Limit— Vote.— Any 
school  district  in  this  state  may  become  indebted  for  the  purpose  of  pur- 
chasing sites  for  school  buildings,  for  purchasing  school  buildings,  for  erect- 
ing such  buildings,  for  purchasing  school  furniture  or  for  repairing  an> 
such  school  site  or  building,  and  may  issue  its  bond  as  now  provided  by 
law  in  any  amount  not  exceeding,  with  existing  indebtedness,  five  per 
cent  of  the  valuation  of  the  taxable  property  within  such  school  district 
as  shown  by  the  Jast  preceding  assessment  for  State  and  county  purposes 
previous  to  the  incurring  of  such  indebtedness;  Provided,  That  such  bond 
issue  must  be  authorized  by  an  affirmative  vote  of  three-fifths  of  the 
voters  of  such  district  voting  at  an  election  held  in  such  district  for  the 
purpose  of  authorizing  such  bond  issue.  The  bonds  of  any  school  dis- 
trict since  the  adoption  of  the  Constitution,  or  for  the  issuance  of  which 
proceedings  have  been  begun,  are  hereby  legalized  and  validated  provided 
such  bonds  were  issued  or  are  being  issued  for  the  purposes  above  speci- 
fied, and  within  the  limitations  prescribed  by  the  Constitution.  (L.  1909, 
H.  B.  65.  Took  effect  March  26,  1909.) 

Note. — The  following  Sec.  perhaps,  repealed  by  the  foregoing,  at  least, 
in  part,  is  the  first  of  seven  sections  of  Chapter  7,  Art.   2,  L.   1895.,  the 
first   of   which   expressly   and    the   remainder   of   which    by    verbatim    pro- 
visions, repeal  Chapter  73,  Art.  6,  S.  1893. 

An  Act  amending  Art.  6,  Chapter  73,  Statutes  of  Oklahoma,  1893,  re- 
lating to  school  district  bonds. 

Sec.  20.  (8066-S.)  District  May  Issue  Bonds. — That  for  the  purpose  of 
purchasing  one  or  more  school  sites,  erecting,  purchasing  or  paying  for 
and  furnishing  one  or  more  school  houses  in  and  lor  any  school  district 
in  the  State  of  Oklahoma,  the  board  of  directors  of  the  same  shall  have  the 
power  to  issue  bonds  of  the  district  in  an  amount  not  exceeding,  with  all 
outstanding  indebtedness,  four  (1908  legislature  increased  this  to  5  per 
cent.  See  Art.  XXVII  and  Constitution)  per  cent  of  its  taxable  property, 
as  shown  by  the  last  assessment  thereof,  and  for  the  purpose  of  extending 
the  time  of  payment  of  the  school  district  indebtedness,  or  of  the  bond- 
ed indebtedness  of  any  school  district,  the  board  of  directors  shall  have 
the  power  to  issue  the  bonds  of  the  district,  in  a  sum  not  to  exceed  in 
amount  its  outstanding  indebtedness,  including  bonded  indebtedness: 
Provided,  That  no  bonds  shall  be  issued  until,  at  an  election  called  for  that 
purpose,  the  question  shall  have  been  submitted  to  the  qualified  electors 
of  the  district,  and  two-thirds  of  all  the  qualified  electors  voting  at  such 

—34— 


election  declared  by  their  ballots  in  favor  of  issuing  the  same.  Qualified 
electors  for  the  purpose  of  this  act  are  hereby  declared  to  be  all  persons, 
male  or  female,  over  the  age  of  twenty-one  years,  who  are  citizens  of  the 
United  States,  and  have  been  bona  fide  residents  for  more  than  three  months 
next  preceding  such  school  district  bond  election  within  the  limits  of  such 
school  district:  Provided,  Further,  That  no  such  election  shall  be  ordered 
unless  a  petition  stating  the  purpose  for  which  the  bonds  are  to  be  issued, 
and  signed  by  at  least  one-third  of  the  qualified  electors,  as  herein  defined, 
of  such  school  district,  as  shown  by  the  last  preceding  enumeration,  by 
the  township  trustees  of  the  township  in  which  such  school  district  is  lo- 
cated, shall  have  been  presented  to  the  district  board,  praying  that  a  vote 
be  taken  for  thv  issuing  of  such  amount  of  bonds  as  may  be  asked  for 
therein:  And  Provided,  Further,  That  it  shall  be  unlawful  for  any  school 
district  to  create  any  bonded  indebtedness  unless  there  are  at  least  eight 
persons  between  the  age  of  six  and  twenty-one  years  actually  residing  with- 
in the  limits  thereof,  as  shown  by  a  census  taken  by  the  clerk  of  such  dis- 
trict, not  more  than  three  months  previous  to  such  bond  election,  and  by 
such  clerk  verified  upon  oath.  (L.  1895,  p.  68.) 

Sec.  21.  (8067-S.)  Bond  Election — How  Conducted — Voting. — Whenever 
such  a  petition  so  signed  shall  be  presented  to  the  board  of  directors  of 
any  school  district,  praying  that  a  vote  be  taken  on  the  quesion  of  issuing 
the  bonds  of  such  district,  it  shall  be  the  duty  of  the  district  boar*  im- 
mediately to  order  an  election  for  the  purpose  of  determining  the  question 
of  issuing  the  bonds  as  prayed  for  and  forthwith  to  give  notice  by  posting 
up  written  notices  signed  by  the  clerk,  in  five  of  the  most  public  places  in 
the  district,  which  notices  shall  be  posted  up  at  least  ten  days  before  such 
election,  and  shall  state  therein  the  object  for  which  the  election  was  called, 
the  amount  of  the  bonds  which  it  is  expected  to  issue,  and  the  manner  in 
which  the  question  shall  be  voted  upon;  and  the  said  election  shall  be 
conducted  by  the  school  district  board,  or  in  their  absence,  by  three  per- 
sons chosen  by  the  bystanders,  and  shall  be  by  ballot,  and  the  polls  shall 
be  opened  at  2  o'clock  p.  m.,  and  close  at  6  o'clock  p.  m.  The  ballots  used 
at  such  election  shall  be  either  written  or  printed  and  shall  contain  the 
words,  if  the  voter  wishes  to  vote  for  the  issuance  of  the  bonds,  "For  the 
Bonds,"  and  if  he  wishes  to  vote  against  the  bonds,  it  shall  contain  the 
words,  "Against  the  Bonds."  (L.  1895,  p.  69.)  (Amended  by  H.  B.  14,  Spl. 
L.  1910,  and  law  making  the  attorney  general  "Ex-officio  bond  commissioner, 
L.  1910.) 

Sec.  22.  (8068-S.)  Denominations — Time  Payable — Registration — Dis- 
posals.— The  bonds  herein  provided  for  shall  be  issued  in  denominations 
of  not  less  than  one  hundred  dollars  nor  more  than  five  hundred  dollars 
each;  they  shall  bear  interest  at  a  rate  not  to  exceed  seven  per  cent  per 
annum,  payable  semi-annually  on  the  first  days  of  January  and  July  of  each 
year  at  such  place  as  shall  be  designated  in  the  bonds,  the  principal  of 
the  bonds  being  made  payable  within  twenty  years  from  their  date.  These 
bonds  shall  specify  on  their  face  the  date  of  issue,  amount,  for  what  pur- 
pose and  to  whom  issued,  the  time  they  run,  the  rate  and  times  of  pay- 
ment of  interest,  and  shall  have  coupons  attached  for  the  interest  as  H 
becomes  due,  said  coupons  being  so  arranged  that  the  last  one  shall  fall 
due  at  the  maturity  of  the  bonds.  Said  bond(s)  and  coupons  thereto  at- 
tached, shall  be  signed  by  the  director  and  countersigned  by  the  clerk  of 
the  district;  shall  be  registered  in  the  office  of  the  State  auditor,  and  a 
transcript  of  all  the  proceedings  in  the  voting  of  such  bonds  shall  be  filed 
therewith.  Upon  finding  that  all  of  the  proceedings  have  been  regular,  the 
State  auditor  shall  so  certify  upon  each  and  every  one  of  such  bonds,  and 
shall  also  certify  the  same  to  the  county  clerk  of  the  county  in  which  such 

—35— 


school  district  is  located,  who  shall  thereupon  register  said  bonds  in  his 
office,  whereupon  such  bonds  shall  be  negotiable  and  transferable  by  de- 
livery, and  may  be  disposed  of  by  the  district  board  at  not  less  than  ninety- 
five  cents  on  the  dollar,  and  the  proceeds  of  the  same  applied  as  provided 
in  the  petition  upon  which  the  issuance  of  the  bonds  was  authorized. 
(L.  1895,  p.  70.) 

Note. — The  Constitution  provides  that  bonds  must  be  registered  by  the 
State  auditor  and  have  endorsement  of  the  icounty  clerk  and  the  county 
attorney,  certifying  that  the  issue  is  within  the  debt  limit  of  the  law. 
See  Bunn's  Constitution  of  Oklahoma,  Art.  X,  Sec.  295,  p.  79.)  (Spl.  L.  of 
1910  provide  that  the  attorney  gereral's  certificate  must  be  attached.) 

Sec.  23.  (8069-S.)  Registration  by  County  Clerk. — Before  delivering  any 
school  district  bonds  the  board  of  directors  of  the  district  issuing  the  same 
shall  cause  them  to  be  registered  with  the  clerk  of  the  county  in  which  said 
district  is  located.  And  it  shall  be  the  duty  of  the  county  clerk,  on  pre- 
sentation of  any  school  bonds  for  registration  to  register  the  same  in  a 
book  prepared  for  that  purpose;  if  the  said  bonds  contain  the  certificate  of 
the  State  auditor  that  the  proceedings  have  been  regular  which  register 
shall  contain:  First,  the  number  of  the  district.  Second,  the  number  of 
the  bond.  Third,  date  of  bond.  Fourth,  to  whom  payable.  Fifth,  when  and 
where  payable.  Sixth,  when  due.  -Seventh,  when  interest  due.  Bight, 
amount  of  bond.  The  county  clerk  shall  furnish  one  copy  of  his  register  to 
the  county  treasurer,  and  forward  one  copy  to  the  State  Superintendent,  to- 
gether with  a  statement  showing:  First,  the  number  of  acres  of  land  as- 
sessed and  subject  to  taxation  In  such  district.  Third,  the  assessed  valu- 
ation of  taxable  land.  Fourth,  the  assessed  valuation  of  all  personal  prop- 
erty in  such  district,  which  statement  shall  be  signed  by  each  member  of 
the  school  board  issuing  the  bond(s),  and  the  county  clerk  shall  certify  un- 
der the  official  seal  of  his  office  to  the  correctness  of  the  statement  and 
the  genuineness  of  the  signatures  attached  thereto.  (L.  1895,  p.  71.) 

Sec.  24.  (8070-S.)  Interest  and  Sinking  Fund — Investment. — It  shall  be 
the  duty  of  the  board  of  county  commissioners  of  each  county  to  levy,  an- 
nually, upon  all  the  taxable  property  in  each  district  in  such  county,  a  tax 
sufficient  to  pay  the  interest  accruing  upon  the  bonds  issued  by  such  dis- 
trict, and  to  provide  a  sinking  fund  for  the  final  redemption  of  the  bonds, 
such  levy  to  be  made  with  the  annual  levy  of  the  county,  and  the^  taxes 
collected  with  other  taxes,  and  when  collected  shall  be  and  remain  in  the 
hands  of  the  county  treasurer,  a  specific  fund  for  the  payment  of  the  in- 
terest upon  such  bonds  and  for  the^r  final  payment  at  maturity:  Pro- 
vided, That  moneys  in  the  hands  of  the  county  treasurer  belonging  to  the 
sinking  funds  of  the  several  school  districts  in  such  county,  shall  be  in- 
vested by  the  county  treasurer:  First,  in  the  bonds  of  the  district  to  which 
said  sinking  fund  belongs:  Provided,  Such  bonds  can  be  purchased  at  a 
price  not  exceeding  their  market  or  par  value.  Second,  in  the  bonds  of 
other  school  districts  of  the  State,  maturing  before  the  bonds  for  which 
said  fund  is  raised:  Provided,  That  the  same  can  be  purchased  of  the 
State  of  Oklahoma,  or  of  the  United  States.  (L.  1895,  p.  71.) 

Sec.  25.  (8071.)  Penalty  for  Fraudulent  Issue. — If  any  school  district 
whose  duty  it  is  under  the  provisions  of  this  act  to  issue  or  assist  in  any 
manner  in  the  issuance  of  the  bonds  of  any  school  district,  shall  prepare, 
sign  or  deliver,  or  aid,  counsel,  or  assist  in  preparing,  signing  or  delivering. 
or  shall  cause  to  be  prepared,  signed  of  delivered,  any  bond  or  bonds  of 
any  school  district,  at  any  time  before  such  bond  or  bonds  are  authorized 
by  this  act  to  be  prepared,  signed  or  delivered,  such  officer  shall  be  guilty 
of  (a)  felony,  and  upon  conviction  shall  be  fined  in  any  sum  not  less  than 
five  hundred  dollars  nor  more  than  five  thousand  dollars,  or  by  imprison- 


ment  in  the  penitentiary  for  not  less  than  two  years  nor  longer  than  seven 
years,  or  by  both  such  fine  and  imprisonment.  And  if  the  board  of  directors 
of  any  school  district,  or  any  member  thereof,  shall  use  or  dispose  of  any 
school  district  bonds,  or  the  money  accruing  from  the  sale  of  such  bonds, 
in  any  other  manner,  or  for  any  other  purpose  than  that  for  which  the 
same  was  created  or  intended  he,  or  they,  shall  be  liable  to  be  punished  by 
a  fine  of  not  less  than  five  hundred  dollars  nor  more  than  two  thousand 
dollars,  by  indictment  in  any  court  of  competent  jurisdiction,  or  by  im- 
prisonment in  the  penitentiary  not  more  than  two  years,  or  by  both  such 
fine  and  imprisonment.  (L.  1895,  p.  72.) 

Sec.  26.  (8072-S.)  Payment  and  Cancellation — Reports. — On  the  payment 
of  the  bonds  or  coupons  of  any  school  district,  the  county  treasurer  shall 
immediatey  concel  the  same  and  endorse  thereon  the  date  of  payment,  and 
shall  thereupon  present  the  same  to  the  county  clerk,  who  shall  cancel  said 
bonds  or  coupons  on  his  register  by  endorsing  thereon  the  date  of  payment  of 
each,  and  immediately  return  the  same  to  the  county  treasurer;  and  at 
the  same  time  of  the  settlement  with  the  several  school  district  trasurers 
of  his  county,  the  county  treasurer  shall  deliver  to  each  the  cancelled  bonds 
and  coupons  of  his  district  and  take  a  receipt  therefor,  and  such  cancelled 
bonds  and  coupons  shall  be  destroyed  by  the  district  treasurer  in  the  pres- 
ejice  of  all  the  officers  of  the  district,  a  complete  record-  of  their  destruc- 
tion being  made  by  the  district  clerk.  On  the  last  Saturday  of  July  of 
each  year,  each  and  every  county  treasurer  shall  make  the  county  clerk  of 
his  county  a  detailed  report  of  all  the  bonds  and  coupons  cancelled  during 
the  year,  and  the  date  of  payment  of  the  same,  accompanied  by  the  receipts 
given  by  district  treasurers  thereof.  (L.  1895,  p.  73.) 

An  Act  providing  for  the  adjustment  and  payment  of  debts  contracted  by 
school  districts  which  have  been  changed,  and  the  territory  belonging  there- 
to organized  into  new  districts  and  for  other  purposes. 

Sec.  27.  (8073-S.)  Superintendent  to  Apportion  Debts.— It  shall  be  the 
duty  of  the  county  superintendent,  on  or  before  the  first  day  of  May,  1897, 
in  each  county  in  this  State,  to  audit  any  outstanding  indebtedness  that  may 
have  been  contracted  by  any  school  district  prior  to  the  same  such  district 
was  changed  and  apportion  the  same  to  the  districts  now  comprising  the 
territory  of  such  district,' taking  as  a  basis  of  apportionment  the  assessed 
valuation  of  property  included  in  the  boundaries  of  said  divided  distrkt, 
and  he  shall  apportion  to  each  of  the  districts  which  have  acquired  the  ter- 
ritory of  said  divided  district  such  portion  of  said  indebtedness  as  the 
assessed  valuation  of  the  property  of  that  portion  of  the  territory  thus  ac- 
nuired  bears  to  the  entire  assessed  valuation  of  such  divided  district. 
(L.  1897,  p.  276.) 

Sec.  28.  (8074-S.)  To  Issue  Orders  on  Treasurer. — When  such  apportion- 
ment has  been  made,  the  county  superintendent  shall  have  the  power,  and 
it  is  hereby  made  his  duty,  to  issue  orders  on  the  county  treasurer  in  pay- 
ment of  all  warrants  issued  against  said  divided  districts,  which  orders  shall 
be  paid  by  the  county  treasurer  on  presentation,  or  as  soon  as  he  may  have 
sufficient  funds  to  the  credit  of  such  district:  Provided,  All  such  orders  so 
drawn  shall  be  paid  before  any  other  outstanding  warrant  indebtedness 
against  said  district  or  districts:  Provided,  (Further),  That  orders  against 
such  districts  shall  only  be  issued  for  the  amount  of  indebtedness  nropor- 
tioned  to  the  same  under  the  provisions  of  this  act.  (L.  1897,  p.  276.) 

Sec.  28.  (8075-S.)  To  Dispose  of  Property. — The  county  superintendent 
shall  have  the  power  to  dispose  of  any  propertv  wh^ch  may  belong  to  any 
such  divided  districts,  by  agreement  with  the  district  board  retaining  the 
property  of  such  divided  district;  Provided,  That  the  funds  arising  from 

—37— 


the  sale  of  such  property  shall  be  applied  by  the  county  superintendent  to 
the  payment  of  the  indebtedness  of  said  divided  district  or  districts. 
(L.  1897,  p.  276.) 

An  Act  authorizing  school  districts  in  Oklahoma  to  relocate  school  houses 
in  such  districts. 

Sec.  (8076.)  Upon  the  petition  of  one-third  of  the  voters  of  any  school 
district  in  Oklahoma,  in  any  district  containing  a  town  or  village,  qualified 
to  vote  at  a  school  district  election,  the  district  board  of  said  school  district 
shall  call  a  meeting  of  the  voters  of  said  school  district  at  the  school  house 
therein,  in  the  manner  provided  by  law  for  calling  special  school  meetings 
for  the  purpose  of  determining  the  re-location  of  the  school  house  in  said 
district.  If  at  such  meeting  the  voters  of  the  district,  by  vote  of  two-thirds 
of  the  resident  voters  of  the  district  voting  within  the  school  district  deter- 
mine to  re-locate  the  school  house  at  some  point  in  said  district,  the  board 
of  said  district  shall  locate  said  school  house  at  some  point  in  said  district 
in  or  adjoining  such  town  or  village.  (L.  1895,  p.  380.) 


—38— 


ARTICLE    VII. 


SECTION 

1.  Branches  to  be  Taught. 

2.  Agricultural  Education. 

3.  Common  School  Graduation. 


SECTION 

4.  School  Month. 

5.  May  Assess  a  Tuition  Fee,  etc. 


Sec.  1.  (8077-S.)  Branches  Taught. — That  in  each  and  every  school  dis- 
trict shall  be  taught  orthography,  reading,  writing,  English  grammar,  geo- 
raphy,  and  arithmetic,  and  such  other  branches  as  may  be  determined  by 
the  district  board:  Provided,  That  the  instructions  given  in  the  several 
branches  taught  shall  be  in  the  English  language.  (L.  1893,  S.  5811.) 

Sec.  2.  Agricultural  Education,  Etc. — The  elementary  principles  of  ag- 
riculture, horticulture,  animal  husbandry,  stock  feeding,  forestry,  building 
county  roads  and  domestic  science,  including  the  elements  of  economics  shall 
be  embraced  in  the  branches  taught  in  all  the  public  schools  of  this  State 
receiving  any  part  of  their  support  from  this  State,  and  these  branches  shall 
be  as  thoroughly  studied  and  taught  by  observation,  practical  exercises, 
and  the  use  of  text  and  referentce  books,  and  in  the  same  manner  as  are 
other  like  required  branches  in  said  public  schools.  (Laws  of  1908,  Frank- 
lin Senate  Bill  109.  Sec.  2,  p.  14.) 

Sec.  3.  Common  School  Graduation,  Etc. — Candidates  for  graduation 
from  the  eighth  grade  in  the  common  schools  must  receive  instruction  and 
be  able  to  pass  an  examination  in  the  following  subjects  in  addition  to  those 
named  in  the  preceding  sections:  El.  music,  U.  S.  history,  including  Ok- 
lahoma history;  physiology  and  civics,  including  Oklahoma  Constitution. 
(Rules  and  Regulations  of  State  Board  of  Education  for  1908.) 

Sec.  4.  (8078-S.)  School  Month. — A  school  month  shall  consist  of  four 
weeks  of  five  days  each  of  six  hours  per  day. 

Note. — This  means  six  hours  exclusive  of  the  noon  hour. 

Sec.  5.  (8079-S.)  May  Assess  Tuition  Fee. — Whenever  there  is  not  suf- 
ficient money  belonging  to  any  school  district  to  support  a  public  school 
the  length  of  time  prescribed  by  law  or  determined  at  the  annual  meeting 
or  at  a  special  meeting  duly  icalled,  the  district  board,  to  meet  said  deficiency, 
may  assess  a  tuition  fee  upon  each  scholar  attending  said  school,  the  as- 
sessment to  be  proportioned  to  the  number  of  days  each  pupil  has  been  in 
actual  attendance  during  the  term.  Provided,  That  no  tuition  shall  be  levied 
upon  the  pupils  of  any  district  in  accordance  with  the  provisions  of  this 
act,  unless  the  entire  amount  of  *2  per  cent  for  teachers'  wages  as  required 
by  law  be  first  assessed  upon  the  taxable  property  of  said  district.  (S.  1893, 
S.  5813.) 

*Note. — The  State  Constitution  provides  for  five  mills  with  privileges 
of  increasing  to  15  mills  by  special  vote.  See  Bunn's  Constitution  of  Ok- 
lahoma, Art.  X,  Sec.  275,  p.  75.  ("Also  see  H.  B.  14,  Spl.  L.  1910.") 


—39— 


ARTICLE    VIII. 
District  in   More  Than  One  County. 

SECTION 

1.     District  in  More  Than  One  County — How 
Formed — .Procedure. 

An  Act  to  provide  for  the  formation  of  school  districts  situated  in  two 
or  more  counties. 

Sec.  1.  (8080-S.)  District  in  More  than  One  County,  Etc. — When  it  shall 
become  necessary  to  -form  a  school  district  lying  partly  in  two  or  more 
^counties,  the  county  superintendents  of  the  counties  in  which  the  said 
tract  of  country  shall  be  situated,  when  application  shall  be  made  in  writing 
to  any  one  of  them  by  five  householder  resident  therein,  shall,  if  by  them 
deemed  necessary,  meet  and  proceed  to  lay  off  and  form  the  same  into  a 
school  district,  issue  notices  for  the  first  district  meeting,  and  shall  file  the 
proper  papers  in  their  respective  offices,  and  such  district  so  organized 

shall  be  designated   "Joint  District  No ,  Counties  of    " 

and  the  boundaries  of  such  district  shall  not  be  altered  except  by  the  joint 
action  of  the  superintendents  of  the  several  counties  represented  in  said 
district:  Provided,  That  if  in  the  alteration  of  or  refusal  to  alter  the  boun- 
daries of  any  joint  school  district,  any  person  or  persons  shall  feel 
aggrieved,  such  person  or  persons  may  appeal  to  the  State  superinten- 
dent of  public  instruction,  and  notice  of  such  appeal  shall  be  served  on  the 
superintendents  of  the  several  counties  represented  in  said  district  within 
ten  days  after  rendition  by  them  of  the  decision  appealed  from,  which  no- 
tice shall  be  in  writing  and  shall  state  fully  the  objections  to  the  actions 
of  the  county  superintendents,  and  a  copy  thereof  shall  be  filed  with  the 
State  superintendent  of  public  instruction;  and  it  shall  be  the  duty  of  the 
county  superintendents  in  whose  possession  are  the  papers  connected  with 
the  action  appealed  from  to  transmit  the  same  to  the  State  superintendent 
of  public  instruction  immediately  upon  being  served  with  notice  of  appeal 
as  hereinbefore  provided,  and  thereupon  the  State  superintendent  of  pub- 
lic instruction  shall  fix  a  time  for  the  hearing  of  said  appeal,  and  notify 
the  several  county  superintendents  interested,  and  they  shall  take  action 
in  accordance  therewith:  And,  Provided  Further,  That  each  joint  district, 
except  in  matters  relating  to  the  alteration  of  the  boundaries  thereof,  shall 
be  under  the  jurisdiction  and  control  of  the  superintendent  of  that  county 
represented  in  such  districts  having  the  largest  amount  of  territory  em- 
branced  within  the  boundaries  of  such  joint  district.  (L.  1895,  p.  245.) 


ARTICLE   IX. 
District  Offices. 


SECTION 

1.  Officers — Term  of. 

2.  Powers  of  School  Boards. 

3.  Oath. 

3.     Vacancies— Filled. 

5.  Directors — Duties  of. 

6.  Duties  of  Clerk. 

7.  Deputy. 

8.  Clerk  Shall  Draw  Orders. 

9.  Board  Meets — to  make  Full   Report  of 

the  District. 

10.  Penalty  for  False  Report. 

11.  District  Clerk's  Report  to  County  Clerk. 

12.  To  County  Superintendent. 

13.  Tax    Levies    Reported   and    Penalty   for 

Failing  to  Report. 

14.  School  District  Treasurer— Bond,  etc. 

15.  Duties  of. 

16.  County  Treasurer — Duties  of. 

17.  Warrants— How  Paid. 

18.  Warrants — to  be  Registered. 

19.  Warrants — Order  of  Payment. 

20.  Treasurer — Annual  Report — Duties. 

21.  Books  and  Records — Open  for  Inspection. 

22.  Treasurer — Refusing     to     Pay     Over — 

Penalty. 

23.  County  School  Fund. 

24.  District  Tax. 

25.  District     Treasurer    shall     Pay     Money 

Remaining. 


SECTION 

26.  Penalty  for  Failure  to  Pay  Money. 

27.  Who  Must  Deliver  Books,  etc. 

28.  School  House  Site. 

29.  Care  of  School  House. 

30.  Non-resident  Pupils.1 

31.  Teacher's  Contract. 

32.  Appendages. 

33.  No  Religion  Taught. 

34.  Not  Taxable. 

35.  Suspension  of  Pupils." 

36.  Teacher's  Daily  Register. 

37.  Taxes. 

38.  Penalty. 

39.  Disposition  of  Fines. 

40.  Judgments — Liability  of  Board. 

41.  Removal  of  School  House. 

42.  Use  of  School  House. 

43.  To  Audit  Claims. 

44.  Last  Assessment — the  Basis. 

45.  Special  Levy. 

46.  Clerk  to  Extend  Levies. 

47.  Treasurer  to  Collect. 

48.  Residue  to  be  Apportioned. 

49.  To  Reimburse  Original  District. 

50.  Superintendent  to  Ascertain  Indebted- 


51. 
52. 


County  Clerk  to  Extend  Levy. 
County  Treasurer  to  Collect. 


Sec.  1.  (8081-S.)  Officers — Term  of. — The  officers  of  each  school  dis- 
trict shall  be  a  director,  clerk  and  treasurer,  who  shall  constitute  the  district 
board,  and  who  shall  be  elected  and  hold  their  respective  offices  as  follows: 
At  the  annual  election  in  nineteen  hundred  eight  there  shall  be  elected  (in 
all  districts  not  previously  organized  according  to  Oklahoma  school  law)  a 
director  who  shall  hold  his  office  for  three  years,  a  clerk,  who  shall  hold 
his  office  for  two  years,  and  a  treasurer,  who  shall  hold  his  office  for  one 
year,  and  thereafter  at  each  annual  meeting  there  shall  be  elected  one  mem- 
ber of  said  board  in  place  of  the  outgoing  member,  who  shall  hold  his  of- 
fice for  three  years  and  until  his  successor  shall  be  elected  and  qualified: 
Provided,  That  school  officers  holding  office  under  the  existing  law,  shall 
hold  office  for  the  term  for  which  they  were  elected  or  until  their  successors 
are  elected  and  qualified.  (L.  1907-8,  P.  399.) 

Sec.  2.  (8082-S.)  Powers  of  School  Boards. — Nothing  in  this  act  shall  be 
construed  to  prevent  the  present  school  boards  .from  employing  teachers  for 
the  ensuing  year  or  entering  into  contracts  for  the  building  and  equipping  of 
school  houses  or  any  other  necessary  expenses  prior  to  the  annual  school 
meeting  in  1908.  (L.  1907-8,  P.  399.) 

Sec.  3.  (8083-S.)  Oath  of  Office.— School  district  officers  before  enter- 
ing upon  their  official  duties  shall  take  an  oath  to  faithfully  perform  said 
duties,  and  the  chairman  of  any  regular  or  special  meeting  is  hereby  author- 
ized and  empowered  to  administer  such  oaths.  (S.  1893,  S.  5778.) 

Sec.  4.  (8084-S.)  Vacancies — How  Filled. — Every  person  duly  elected  to 
the  office  of  director,  clerk  or  treasurer  of  any  school  district  who  shall  re- 
fuse or  neglect,  without  sufficient  cause  to  qualify  wfthin  twenty  days  after 
his  election  or  appointment,  or  who,  having  entered  upon  the  duties  of  his 
office  shall  neglect  or  refuse  to  perform  any  duty  required  of  him  by  the 
provisions  of  this  act,  shall  therebv  forfeit  his  right  to  the  office  to  which 
he  was  elected  or  appointed,  and  the  county  superintendent  shall  thereupon 
appoint  a  suitable  person  in  his  stead.  (S.  1893,  S.  5779.) 


— 41— 


Sec.  5.  (8085-S.)  Directors — Duties  of.— The  director  of  each  district 
shall  preside  at  all  district  meetings,  and  shall  sign  all  orders  drawn  by  clerk 
authorized  by  a  district  meeting,  or  by  the  district  board,  upon  the  treasurer 
of  the  district,  for  moneys  collected  or  received  by  him  to  be  disbursed 
therein.  He  shall  appear  for  and  in  behalf  of  the  district,  in  all  suits  brought 
by  or  against  the  district,  unless  other  directions  shall  be  given  by  the  voters 
of  such  district,  at  a  district  meeting.  (S.  1893,  S.  5780.) 

Sec.6.  (8086-S.)  Duties  of  Clerk. — The  clerk  of  such  district  shall  record 
the  proceedings  of  his  district  in  a  book  provided  by  the  district  for  that 
purpose,  and  enter  thereon  copies  of  all  reports  made  by  him  to  the  county 
superintendent;  and  he  shall  keep  and  preserve  all  records,  books  and  papers 
belonging  to  his  office,  and  deliver  the  same  to  his  successor  in  office.  (S. 
1893,  S.  5781.) 

Sec.  7.  (8087-S.)  Deputy.— The  said  clerk  shall  be  the  clerk  of  the  dis- 
trict board  and  of  all  district  meetings,  when  present;  but  if  such  clerk  shall 
not  be  present  at  any  district  meeting,  the  voters  present  may  appoint  a 
clerk  of  such  meeting,  who  shall  certify  the  proceedings  thereof,  and  the 
same  shall  be  recorded  by  the  clerk  of  the  district.  (S.  1893,  S.  5782.) 

Sec.  8.  (8088-S.)  Clerk  ShaM  Draw  Orders. — The  clerk  of  the  district 
shall  draw  orders  on  the  treasurer  of  the  district  for  moneys  in  the  hands  of 
such  treasurer  which  have  been  apportioned  to  or  raised  by  the  district,  to 
be  applied  to  the  payment  of  teacher's  wages,  and  apply  such  money  to  the 
payment  of  wages  of  such  teachers  as  shall  have  been  employed  by  the  dis- 
trict board;  and  said  clerk  shall  draw  orders  on  the  treasurer  for  the  moneys 
in  the  hands  of  such  treasurer  to  be  disbursed  for  any  other  purpose  ordered 
by  a  district  meeting  or  by  the  district  board,  agreeable  to  the  provisions 
of  this  act.  (S.  1893,  S.  5783.) 

Sec.  9.  (8089-S.)  Board  Meets— To  Make  Full  Report  of  District.— Each 
school  district  board  shall  hold  a  meeting  at  least  five  days  previous  to  the 
annual  meeting  in  each  year,  for  the  purpose  of  preparing  the  report  of  the 
clerk  and  treasurer  which  shall  be  read  and  submitted  to  the  legal  voters  of 
the  district  at  the  annual  meeting,  for  their  information  and  consideration; 
if  any  change  or  alteration  therein  be  necessary,  the  same  shall  be  made,  and 
it  shall  then  be  transmitted  to  the  county  superintendent  of  public  instruc- 
tion. Said  report  shall  show:  First,  the  number  of  children,  male  and  fe- 
male, white  and  colored,  designated  separately,  residing  in  the  district  or 
part  of  district  on  the  fifteenth  day  of  January  previous  to  the  date  of  such 
report,  over  the  age  of  six  and  under  the  age  of  twenty-one  years.  Second, 
the  number  of  children  attending  the  school  during  the  year,  their  sex,  and 
branches  studied.  Third,  the  length  of  time  a  school  has  been  taught  in  the 
district  by  a  qualified  teacher,  the  name  of  the  teacher  and  the  wages  paid. 
Fourth,  the  amount  of  money  received  from  the  county  treasurer  arising 
from  disbursements  of  the  State  annual  school  fund,  the  amount  received 
from  district  taxes,  and  the  amount  received  from  all  other  sources  during 
the  year,  and  the  manner  in  which  all  moneys  have  been  expended.  Fifth, 
the  amount  of  money  raised  by  the  district  in  such  year  and  the  purpose  for 
which  it  was  raised.  Sixth,  the  kind  of  books  used  in  the  school,  and  such 
facts  and  statistics  in  regard  to  the  district  school  as  the  county  superin- 
tendent may  require.  (L.  1897,  p.  268.) 

Sec.  10.  (8090-S.)  Penalty  for  False  Report. — Every  clerk  of  a  district 
who  shall  willfully  sign  a  false  report  to  the  county  superintendent  of  his 
county,  shall  be  deemed  guilty  of  a  felony,  and  punished  by  confinement  in 
the  penitentiary  for  not  less  than  one  pear  nor  more  than  three.  (S.  1893, 
S.  5785.) 


Sec.  11.  (8091-S.)  District  Clerk's  Report  to  County  Clerk.— It  shall  be 
the  duty  of  the  several  district  clerks  in  this  State  to  make  out  a  certified 
list  of  all  persons  residing  within  their  respective  districts  liable  to  pay 
taxes,  and  transmit  the  same  to  the  county  clerks  of  their  respective  coun- 
ties on  or  before  the  twenty-fifth  of  May,  annually.  (S.  1893,  S.  5786.) 

Sec.  12.  (8092-S.)  To  County  Superintendent. — The  district  clerk  shall 
report  to  the  county  superintendent  in  writing  the  names  and  postoffice  ad- 
dress of  all  the  district  officers  elect  within  two  weeks  after  said  officers 
shall  have  been  elected  or  appointed  and  qualified.  The  clerk  shall  also  re- 
port to  the  county  superintendent  the  time  of  the  commencement  of  each 
term  of  school  within  two  weeks  of  the  commencement  of  such  term.  (S. 
1893-5787.) 

Sec.  13.  (8093-S.)  Taxes  Levied  and  Penalty  for  Not  Reporting. — The 
district  clerk  shall  within  five  (5)  days  report  to  the  county  clerk  the  amount 
of  tax  levied  at  the  annual  meeting  and  for  what  purpose  the  same  was 
levied.  Any  su'Ch  clerk  who  shall  fail  to  report  the  tax  so  voted  shall  be 
liable  to  a  fine  of  not  less  than  ten  dollars,  nor  more  than  one  hundred  dol- 
lars; and  it  is  hereby  made  the  duty  of  the  county  superintendent  to  have 
the  provisions  of  this  act  enforced.  (L.  1897,  p.  269.) 

Sec.  14.  8094.)  School  District  Treasurer — Bond  of — Suit  on  Bond — When 
— The  treasurer  of  the  school  district  shall  execute  to  the  district  a  bond 
in  double  the  amount,  as  near  as  it  can  be  ascertained,  to  come  into  his 
hands  as  treasurer  during  each  year,  with  sufficient  sureties  to  be  approved 
by  the  county  superintendent  of  public  schools,  (conditioned  that  he  will 
faithfully  discharge  and  perform  all  the  duties  of  his  office;  and  such  bond 
shall  be  taken  in  the  name  of  the  district.  Such  bond  shall  be  justified  by 
the  affidavit  of  the  principal  and  sureties  as  required  by  law  in  other  cases; 
and  the  director  of  the  district  and  the  county  superintendent  of  public  in- 
struction are  hereby  authorized  to  adimnister  the  oaths  for  the  justifica- 
tion of  the  treasurer  and  his  sureties.  Said  bond  shall  be  filed  with  the 
county  superintendent  of  public  instruction,  and  in  case  of  the  breach  of 
any  condition  thereof,  the  county  superintendent,  or  the  director  or  clerk 
of  the  district  shall  cause  a  suit  to  be  commenced  thereon  in  the  name  of 
the  district,  and  the  money  collected  in  such  suit  shall  be  applied  by  the 
board  to  the  use  of  the  district  as  the  same  should  have  been  applied  by 
the  treasurer.  If  the  county  superintendent,  clerk  and  director  shall  fail 
and  refuse  to  prosecute  said  treasurer,  then  any  taxpayer  of  the  district 
may  cause  such  prosecution  to  be  instituted  as  provided  in  this  act.  (L.  1901, 
p.  200.) 

Sec.  15.  (8095.)  Duties  of — The  treasurer  of  such  district  shall  pay  out 
on  the  order  of  the  clerk  of  the  district,  attested  by  the  seal  therof,  and 
countersigned  by  the  director  of  such  district,  all  public  moneys  which 
shall  come  into  his  hands  for  the  use  of  the  district.  (L.  1901,  p.  201.) 

Sec.  16.  (8096.)  County  Treasurer — Duties  of.— -The  county  treasurer 
shall  pay  to  each  district  treasurer  from  time  to  time  all  school  moneys 
in  the  county  treasury  belonging  to  the  district,  upon  the  order  of  the  clerk 
and  director  of  the  district:  Provided,  That  said  order  shall  be  accompanied 
by  a  certificate  from  the  county  superintendent,  stating  that  said  treasurer 
has  executed  and  filed  his  bond  as  required  by  law;  but  such  order  and 
certificate  shall  not  be  necessary  except  the  first  time  money  is  desired  to 
be  paid  to  him  by  the  county  treasurer  after  his  qualification.  (L.  1901, 
p.  201.) 

Sec.  17.  (8097.)  Warrants— How  Paid.— Said  district  treasurer  shall  pay 
on  presentation  any  warrant  or  other  order  properly  drawn  on  any  fund 
in  his  custody  by  virtue  of  his  office;  and  wken  paid,  he  shall  write  across 
the  face  of  said  warrant  or  order  in  red  ink  the  word  "Paid,"  the  date  when 


paid,  the  amount  of  principal  and  interest,  if  any,  paid,  and  shall  sign  the 
same  officially:  Provided,  That  there  is  sufficient  money  in  his  hands  "be- 
longing to  the  fund  upon  which  said  warrant  or  order  is  drawn  to  pay  the 
same.  (L.  1901,  p.  201.) 

Sec.  18.  (8098-S.)  Warrants  to  be  Registered. — In  case  there  is  not  suf- 
ficient money  in  the  hands  of  any  such  treasurer  belonging  to  the  particular 
fund  drawn  upon  to  pay  any  warrant  or  order  when  presented  for  payment, 
it  shall  be  the  duty  of  such  treasurer  to  make  a  certificate  of  that  fact  upon 
the  back  of  any  such  warrant  or  order,  and  to  date,  sign  and  number  the 
same  in  regular  order;  and  he  shall  set  down  and  enter  in  a  book  to  be 
kept  for  that  purpose,  the  registry  number,  amount,  date  and  upon  what 
fund  drawn,  to  whom  payable,  and  the  date  when  presented  for  payment, 
as  provided  in  section  (8097)  of  this  act;  and  all  such  warrants  or  orders 
shall  be  paid  in  their  order  of  presentation  for  payment  and  of  their  regis- 
tration as  shown  by  said  book;  and  such  books  shall  be  known  in  each  such 
office  as  the  "Warrant  Register."  And  all  warrants  after  registration  shall 
draw  interest  at  the  rate  of  six  per  centum  per  annum  from  the  date  of 
such  registration  until  fully  paid;  and  such  registration  book  shall  be  open 
to  the  inspection  of  any  person  interested  at  all  reasonable  times.  (L.  1901, 
p.  202.) 

Sec.  19.  (8099-S.)  Warrants — Order  of  Payment — Publication,  Etc, — 
Whenever  any  money  shall  come  into  his  hands  by  virtue  of  his  office,  it 
shall  be  the  duty  of  such  district  treasurer  to  set  apart  a  sufficient  sum 
from  the  several  funds  to  which  said  money  belongs  to  pay  all  warrants  or 
orders  that  may  have  been  registered  against  said  several  funds  in  com- 
pliance with  the  provisions  of  this  act;  or  so  much  of  said  money  as  shall 
be  necessary  for  such  purpose.  And  if  such  money  in  any  fund  is  not  suf- 
ficient to  pay  all  warrants  and  orders  registered  against  said  fund,  he  shall 
set  apart  said  money  for  the  payment  of  the  warrants  registered  against 
the  fund  to  which  said  money  may  belong  until  said  money  is  exhausted; 
and  he  shall  keep  the  money  so  set  apart  until  it  is  called  for  by  the  per- 
son to  whom  it  is  payable;  and  it  shall  be  the  duty  of  said  treasurer  to 
post  up  in  three  public  places  in  his  district  between  the  15th  and  the  last 
days  of  February  and  August  in  each  year  a  list  of  the  warrants  or  orders 
unpaid,  and  for  the  payment  of  which  he  has  sufficient  funds  in  his  hands, 
and  one  of  which  lists  shall  be  posted  on  the  door  of  the  school  house  of 
his  district;  and  from  and  after  thirty  days  after  such  posting,  interest  shall 
cease  upon  the  warrants  which  he  has  so  posted  as  being  payable.  (L.  1901, 
p.  202.) 

Sec.  20.  (8100-S.)  Treasurer's  Annual  Report,  Etc. — County  Supt. — Duties 
of. — The  treasurer  shall  keep  a  book  in  which  he  shall  keep  and  enter  an 
account  of  all  moneys  received  and  disbursed  by  him  specifying  particularly 
the  sources  from  which  money  has  been  received  and  the  person  or  persons 
to  whom  and  the  object  for  which  the  same  was  paid  out.  He  shall  present 
to  the  district  at  ea>ch  annual  meeting  a  report  in  writing  containing  a  state- 
ment of  all  moneys  received  by  him  from  the  county  treasurer  during  the 
year;  also  all  moneys  collected  by  him  during  the  year  from  assessments  in 
his  district,  and  of  the  disbursements  made  by  him,  with  the  item  of  such 
disbursements  and  shall  exhibit  the  voucher  thereof;  and  the  same  shall 
be  examined  at  such  annual  meeting  of  the  district  and  if  found  correct 
shall  be  approved.  Said  report  shall  be  in  writing  and  shall  be  by  the  dis- 
trict clerk  recorded  at  length;  ani  within  ten  days  after  such  annual  meet- 
ing said  district  treasurer  shall  present  a  copy  of  said  report  to  the  county 
superintendent  of  public  instruction  of  his  county,  together  with  all  the 
vouchers  for  disbursements  by  him  made  and  said  county  superintendent 
shall  examine  the  report  and  vouchers,  and  if  he  finds  the  same  correct, 


he  shall  approve  it;  but  if  not  found  correct,  he  shall  take  such  steps  as 
the  law  and  the  facts  may  require;  and  at  the  close  of  his  term  of  office 
the  said  treasurer  shall  settle  with  the  county  superintendent  and  shall 
turn  over  to  his  successor  all  the  books,  vouchers,  orders,  warrants  and 
papers  coming  into  his  hands  as  the  treasurer  of  such  school  district,  to- 
gether with  all  moneys  remaining  in  his  hands  as  such  treasurer.  L.  1901,  p. 
203.) 

Sec.  21.  (8101-S.)  Books  and  Records  Open  for  Inspection. — The  books, 
records,  papers,  vouchers  and  other  archives  of  the  school  district  treas- 
urer's office  shall  be  open  at  all  times  to  the  inspection  and  examination 
of  the  county  superintendent,  the  district  clerk  and  director,  and  to  all  per- 
sons holding  obligations  against  said  district.  (L.  1901,  p.  204.) 

Sec.  22.  (8102-S.)  Treasurer  Refusing  to  Pay  Over — Penalty. — If  any 
district  treasurer  shall  refuse  to  pay  over  to  his  successor  any  money  in  his 
hands  belonging  to  the  district  it  shall  be  the  duty  of  his  successor  in  of- 
fice to  prosecute  without  delay  the  official  bond  of  said  treasurer  for  the 
recovery  of  such  money.  And  in  case  such  successor  shall  fail  or  neglect 
to  proceed,  any  taxpayer  of  the  district  may  prosecute  such  suit  in  the 
name  of  the  district.  Any  treasurer  who  shall  willfully  fail,  refuse  or  neg- 
lect to  pay  over  any  money  in  his  hands  belonging  to  the  district,  shall  be 
deemed  guilty  of  embezzlement,  and  upon  conviction  thereof,  shall  be  pun- 
ished in  the  manner  prescribed  for  the  felonious  stealing  of  property  of  the 
value  of  that  embezzled.  (L.  1901,  p.  204.) 

Sec.  23.  (8103-S.)  County  School  Fund. — The  county  commissioners  shall 
at -the  time  the  annual  taxes  .for  State  and  county  purposes  are  levied,  levy 
on  the  taxable  property  of  the  county  a  tax,  not  to  exceed  one  per  cent, 
which  shall  be  collected  as  other  taxes;  and  the  money  so  realized  together 
with  the  proceeds  of  all  moneys  collected  from  fines,  forfeitures,  penalties, 
proceeds  from  the  sale  of  estrays  and  all  moneys  paid  by  persons  as  equiva- 
lent for  exemption  from  military  duty,  and  all  moneys  collected  from  mar- 
riage licenses,  shall  constitute  a  county  school  fund,  and  be  appropriated 
exclusively  for  the  purpose  of  establishing  and  supporting  public  schools 
for  not  less  than  three  nor  more  than  nine  months  in  each  year,  and  de- 
fraying current  expenses  of  the  same  of  every  description;  and  said  county 
school  fund  shall  be  apportioned  to  each  school  district  in  said  county  in 
proportion  to  the  number  of  children  over  the  age  of  six  years  and  under 
the  age  of  twenty-one  years,  resident  therein,  as  shown  by  the  last  annual 
enumeration  of  the  same.  The  county  treasurer  shall  pay  to  each  district 
treasurer  in  the  county  all  school  moneys  in  the  county  treasury  belonging 
to  the  district,  upon  the  order  of  the  director  and  clerk  of  the  district:  Pro- 
vided, That  said  order  shall  be  aiccompanied  by  a  certificate  from  the  dis- 
trict clerk,  stating  that  the  treasurer  of  the  district  has  executed  and  filed 
his  bond  as  required  by  law.  (S.  1893,  S.  5791.  (See  H.  B.  14,  Spl.  L.  1910.) 

Sec.  24.  (8104-S.)  District  Tax. — When  a  school  district  tax  has  been 
voted,  and  from  the  fault  of  negligence  of  any  officer  or  any  other  cause, 
has  not  been  levied  and  collected  in  any  one  year,  the  same  shall  be  added 
to  and  collected  with  the  taxes  of  the  following  year;  and  the  county  treas- 
urer shall  pay  over  to  the  treasurers  of  the  respective  school  districts  (all 
the  taxes  he  may  have  collected  for  said  districts)  on  the  order  of  the  dis- 
trict clerk,  countersigned  by  the  director,  subject  to  the  provisions  contain- 
ed in  section  (8103)  of  this  article.  (S.  1893,  S.  5792.)  (See  H.  B.  14,  Spl. 
L.  1910.) 

Sec.  25.  (8105.-S.)  District  Treasurer  Shall  Pay  Money  Remaining,  Etc. 
— The  treasurer  shall  keep  a  book  in  which  he  shall  enter  all  moneys  re- 
ceived and  disbursed  by  him  specifying  particularly  the  sources  from  which 
money  has  been  received  and  the  person  or  persons  to  whom  and  the  ob- 
ject for  which  the  same  was  paid  out.  He  shall  present  to  the  district  at 


each  annual  meeting  a  report  in  writing  containing  a  statement  of  all 
moneys  received  by  him  from  the  county  treasurer  during  the  year;  also 
all  'moneys  collected  by  him  during  the  year  from  assessments  in  the  dis- 
trict, and  of  the  disbursements  made  by  him,  with  the  items  of  such  dis- 
bursements and  exhibit  the  vouchers  therefor;  which  report  by  the  district 
clerk  and  at  the  close  of  his  term  of  office  shall  settle  with  the  district 
board  and  shall  hand  over  to  his  successor  said  books  and  all  receipts, 
vouchers,  orders,  and  papers  coming  into  his  hands  as  the  treasurer  of  such 
school  district,  together  with  all  moneys  remaining  in  his  hands  as  such 
treasurer.  (S.  1893,  S.  5793.) 

Sec.  26.  (8106-S.)  Penalty  for  Failure  to  Pay  Money. — If  any  district 
treasurer  shall  refuse  or  neglect  to  pay  over  to  his  successor  any  money  in 
his  hands  belonging  to  the  district  it  shall  be  the  duty  of  his  successor  in 
office  to  prosecute  without  delay  the  official  bond  of  such  treasurer  for  the 
recovery  of  such  money.  And  said  district  treasurer  who  shall  refuse  or 
neglect  to  pay  over  any  money  in  his  hands  belonging  to  the  district  shall 
be  guilty  of  a  felony  and  shall  be  imprisoned  in  the  penitentiary  for  a  period 
of  not  less  than  one  year  nor  more  than  five.  (S.  1893,  S.  5794.) 

Sec.  27.  (8107-S.) — Who  Must  Deliver  Books. — Every  school  district 
clerk  or  treasurer  who  shall  neglect  or  refuse  to  deliver  to  his  successor  in 
office  all  records,  books  and  papers,  belonging  to  his  office  shall  be  guilty 
of  a  misdemeanor  and  shall  be  fined  in  any  sum  of  not  less  than  one  hun- 
dred dollars,  nor  more  than  five  hundred  dollars,  or  be  imprisoned  in  the 
county  jail  for  a  period  of  six  months.  (S.  1893,  S.  5795.) 

Sec.  28.  (8108-S.)  School  House  Site. — The  district  (board)  shall  pur- 
chase or  lease  such  a  site  for  a  school  house  as  shall  have  been  designated 
by  the  voters  of  a  district  meeting,  in  the  corporate  name  thereof  and  shall 
build,  hire  or  purchase  such  school  house  as  the  voters  of  the  district  in 
a  district  meeting  shall  have  agreed  upon,  out  of  the  funds  provided  for  that 
purpose,  and  make  sale  of  any  school  house  site  or  other  property  of  the 
district,  and  if  necessary,  execute  a  conveyance  of  the  same  in  the  name 
of  their  office,  when  lawfully  directed  by  the  voters  of  such  district,  at 
any  regular  or  special  meeting,  and  shall  carry  into  effect  all  lawful  or- 
ders of  the  district.  (S.  1893,  S.  5796.) 

Sec.  29.  (8109-S.)  Care  of  School  House. — The  district  board  shall  have 
the  >care  and  keeping  of  the  school  house  and  other  property  belonging  to 
the  district.  They  shall  have  power  "to  make  such  rules  and  regulations  as 
they  deem  proper,  and  may  appoint  some  suitable  person  to  take  charge 
of  the  school  apparatus,  maps,  charts,  etc.,  belonging  to  the  district.  (S.  1893, 
S.  5797.) 

Sec.  30.  (8110-S.)  Non-Resident  Pupils. — The  district  board  shall  have 
power  to  admit  scholars  from  adjoining  districts:  Provided,  Said  pupil  shalJ 
pay  a  tuition  fee,  which  fee  shall  be  prescribed  by  the  district  board. 
(S.  1893,  S.  5798.) 

Sec.  31.  (8111-S.)  Teachers'  Contract. — The  district  board  of  each  dis- 
trict shall  contract  with  and  hire  qualified  teachers  for  and  in  the  name 
of  the  district,  which  contract  shall  be  in  writing  and  shall  specify  the 
wages  per  week  or  month  as  agreed  upon  by  the  parties,  and  such  contract 
shall  be  filed  in  the  district  clerk's  office,  and,  in  conjunction  with  the  county 
superintendent  may  dismiss  such  teacher  or  teachers  for  incompetency,  cruel- 
ty, negligence  or  immorality.  Whenever  any  person  shall  make  and  enter 
into  a  valid  contract  with  any  such  district  board  to  teach  school  in  such 
district,  such  contract  shall  be  binding  upon  such  teacher  until  he  has  been 
legally  discharged  therefrom  according  to  law  or  released  therefrom  by 
such  district  board  in  regular  sessions;  and  until  such  person  shall  have 
thus  been  discharged  or  released,  he  shall  not  have  authority  to  make  and 

—46— 


enter  into  any  valid  contract  with  any  other  such  district  board  or  board  of 
education  in  the  State  of  Oklahoma  to  perform  services  as  teacher  or  in- 
structor for  a  period  of  time  covered  by  an  existing  valid  contract  which 
said  person  has  made.  No  district  board  or  board  of  education  shall  have 
authority  to  pay  any  money  or  issue  any  warants  for  the  payment  of  money 
to  any  person  for  services  as  teacher  or  instructor,  except  for  services  per- 
formed under  and  by  virtue  of  a  valid  contract  existing  between  such  dis- 
trict board  and  such  teacher  to  be  paid.  (S.  1905,  p.  362.) 

Sec.  32.  (8112-S.)  Appendages. — The  district  board  shall  provide  the  nec- 
essary appendages  (for  the  school  house)  during  the  time  the  school  is 
taught  therein  and  shall  (keep)  an  accurate  account  of  all  expenses  thus 
incurred,  and  present  the  same  for  allowance  at  any  regular  district  meet- 
ing. (S.  1893,  S.  5800.) 

Sec.  33.  (8113-S.)  No  Sectarian  Doctrine,  Etc.,  Taught. — No  sectarian 
or  religious  doctrine  shall  be  taught  or  inculcated  in  any  of  the  public  schools 
in  this  state,  but  nothing  in  this  section  shall  be  construed  to  prohibit  the 
reading  of  the  Holy  Scripture.  (S.  1893,  S.  5801.) 

Sec.  34.  (8114-S.)  Not  Taxable.— All  property  held  by  the  school  district 
of  any  school  district  in  this  State  for  the  use  of  public,  schools  shall  be 
exempt  from  taxation,  and  shall  not  be  taken  in  any  manner  for  any  debt 
from  the  district.  (S.  1893,  S.  5802.) 

Sec.  35.  (8115-S.)  Suspension  of  Pupils. — The  teachers  may  suspend 
from  the  privileges  of  a  school,  any  pupil  guilty  of  immorality  or  persistent 
violation  of  the  regulations  of  the  school,  which  suspension  shall  not  ex- 
tend beyond  the  current  quarter  of  the  school:  Provided,  That  the  pupil 
suspended  shall  have  the  right  of  appeal  from  the  decision  of  said  teacher 
10  the  board  of  directors  which  shall,  upon  a  full  investigation  of  the  charges 
preferred  against  said  pupil,  determine  as  to  the  guilt  or  innocence  of  the 
offence  charged,  whose  decision  shall  be  final.  (S.  1893,  S.  5803.) 

Sec.  36.  (8116-S.)  Teachers'  Daily  Register. — The  district  board  shall 
furnish  each  teacher  with  a  suitable  daily  register,  and  shall  visit  together, 
or  by  one  or  two  of  their  number,  all  the  schools  of  their  district,  at  least 
twice  a  term,  and  at  such  other  periods  during  the  term  as  in  their  opinion 
the  exigencies  of  each  school  may  require;  at  which  visit  they  shall  ex- 
amine the  register  of  the  teacher  and  see  that  it  is  properly  kept,  and  en- 
quire into  other  matters  touching  the  school  house,  facilities  for  ventila- 
tion, furniture,  apparatus,  library,  studies,  discipline,  modes  of  teaching  and 
improvement  of  the  schools,  and  confer  with  the  teacher  with  regard  to 
the  condtion  and  management,  and  make  such  suggestions  as  would,  in 
their  view,  promote  the  interest  and  efficiency  of  the  school  and  the  prog- 
ress and  good  of  the  pupils.  The  date  and  result  of  such  visits  shall  be  en- 
tered by  the  clerk  of  the  board  on  their  minutes.  (S.  1893,  S.  5804.) 

Sec.  37.  (8117-S.)  Taxes.— It  shall  be  the  duty  of  the  school  district 
board  of  the  various  school  districts  of  the  respective  counties  of  the  Stafe 
to  cause  to  be  certified  by  the  school  district  clerk  to  the  county  clerk  of 
their  respective  counties,  on  or  before  the  twenty-fifth  day  of  August,  an- 
nually, the  aggregate  percentage  by  them  levied  on  the  real  and  personal 
property  in  each  district,  as  returned  on  the  assessment  roll  of  the  county; 
and  the  county  clerk  is  hereby  authorized  and  required  to  place  the  same 
on  the  tax  roll  of  said  county,  in  a  separate  column  or  columns,  designating 
the  purpose  for  which  said  taxes  were  levied;  and  the  said  taxes  shall 
be  collected  by  the  county  treasurer  and  paid  over  to  the  treasurers  of  the 
respective  school  districts  in  the  county,  with  the  same  power  and  restric- 
tions and  under  the  same  regulations  and  in  all  respects,  as  to  the  sale  of 
real  and  personal  property.  He  shall  be  authorized,  and  is  hereby  required, 
to  act  according  to  the  provisions  and  requisitions  of  the  law  for  the  collec- 

—47— 


tions  of  taxes  for  State,  county  and  township  purposes.     (S.  1893,  S.  5805.) 
(See  H.  B.  14,  Spl.  L.  1910.) 

Sec.  38.  (8118-S.)  Penalty. — Any  member  of  any  school  district  board  or 
county  clerk  or  county  treasurer  who  shall  violate  any  of  the  provisions  of 
this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction, 
shall  be  punished  by  a  fine  of  not  less  than  one  hundred  dollars  nor  more 
than  five  hundred,  or  by  imprisonment  in  the  county  jail  not  less  than  six 
months,  or  by  both  such  fine  and  imprisonment;  and  any  teacher  who  shall 
violate  any  of  the  provisions  of  this  act  shall  be  liable  to  immediate  dis- 
missal, and  it  shall  be  the  duty  of  the  county  superintendent  to  prosecute 
and  carry  out  the  provisions  of  this  section.  (S.  1893,  S.  5806.) 

Sec.  39.  (8119-S.)  Disposition  of  Fines. — All  fines  collected  for  any  vio- 
lation of  this  act  shall  be  paid  to  the  treasurer  of  the  county  where  the  suit 
is  brought  for  the  support  of  the  common  schools.  (S.  1893,  S.  5807.) 

Sec.  40.  (8120.)  Judgments — Liability  of  Bond. — Whenever  any  final 
judgment  shall  be  obtained  against  any  school  district,  the  district  board 
shall  levy  a  tax  on  all  taxable  property  in  the  district  for  the  payment 
thereof;  such  taxes  shall  be  collected  as  other  school  district  taxes,  but 
no  execution  shall  issue  on  such  judgment  against  the  school  district;  and 
in  icase  the  district  board  neglect  to  levy  a  tax  as  aforesaid,  for  the  space 
of  thirty  days  after  such  judgment  shall  become  final,  or  in  case  the  proper 
officer  shall  neglect  to  collect  the  tax  levied  within  the  time  and  in  the  man- 
ner provided  by  law,  then  the  judgment  creditor  of  the  district  may  have 
and  recover  a  judgment  against  the  officer  or  officers  or  his  or  their  sure- 
ties, so  in  default,  for  the  amount  due  him  on  such  judgment  against  the 
district,  with  costs,  upon  which  execution  shall  issue.  (S.  1893,  S.  5808.) 

Sec.  41.  (8121-S.)  Removal  of  School  House. — That  whenever  a  school 
house  or  other  improvements  have  been  made  upon  the  claim  of  any  set- 
tler upon  any  of  the  public  or  Indian  lands,  within  this  State,  to  which  the 
said  settler  had  no  title,  it  shall  be  lawful  for  the  school  directors  of  the 
proper  school  district  to  remove  said  school  house  or  other  improvements 
from  the  said  claim  at  any  time  within  one  year  from  the  time  that  the 
settler  in  any  given  case  may  acquire  a  title  to  his  said  claim:  Provided, 
That  if  the  said  settler,  in  any  given  case,  shall  convey  to  said  board  of 
school  directors  one  acre  of  land  upon  which  said  school  house  or  other 
improvements  are  situated,  the  same  shall  not  be  removed;  And,  Provided, 
Further,  That  if  any  school  house  shall  have  been  built  of  stone,  brick  or 
frame  costing  not  less  than  five  hundred  dollars,  the  probate  judge  of  the 
county  shall  appoint  three  disinterested  persons,  who  shall  appraise  and 
condemn  one  acre  of  such  land  upon  which  said  improvements  shall  have 
been  located,  and  it  shall  be  the  duty  of  the  school  directors  of  such  dis- 
trict to  pay  to  the  owner  of  such  land  the  value  of  such  land  as  found  by 
said  appraisers,  according  to  the  provisions  of  this  act.  (S.  1893,  S.  2809.) 

Sec.  42.  (8122-S.)  Use  of  School  House. — The  district  board  shall  have 
the  care  and  keeping  of  the  school  house  and  other  property  belonging  to 
the  district  as  hereinbefore  provided.  They  are  hereby  authorized  to  open 
the  school  house  for  the  use  of  religious,  political,  scientific,  mechanical 
'or  agricultural  societies  belonging  in  their  district,  under  such  regulations 
as  the  school  board  may  adopt.  (S.  1893,  S.  5810.) 

Sec.  43.  (8123-S.)  To  Audit  Claims.— It  shall  be  the  duty  of  the  county 
superintendent,  on  or  before  the  first  day  of  April,  1895,  in  each  county  to 
audit  any  outstanding  indebtedness  that  may  have  been  contracted  prior  to 
March  fourteenth,  1893,  by  any  original  township  school  board,  and  ap- 
portion the  same  to  the  State  formerly  comprising  said  school  township. 
(L.  1895,  p.  238.) 


Sec.  44.  (8124-S.)  Last  Assessment  the  Basis. — The  last  assessment  re- 
turns of  property  subject  to  taxation  within  said  school  townships  sha'll  be 
the  basis  for  establishing  a  levy  to  pay  said  indebtedness.  (L.  1895,  p. 
238.)  (Compare  this  with  H.  B.  14,  Sp.  L.  1910.) 

Sec.  45.  (8125-S.)  Special  Levy. — It  shall  be  the  duty  of  the  county  su- 
perintendent at  the  same  time  to  certify  to  the  county  clerk  a  special  levy 
in  addition  to  the  annual  levy  authorized  by  law  on  said  property  sufficient 
to  pay  said  indebtedness,  provided  such  special  levy  shall  not  exceed  five 
mills  in  any  one  year,  and  the  county  superintendent  shall  continue  to  certify 
such  levies  as  aforesaid  from  year  to  year,  as  provided  herein,  until  such 
indebtedness  is  fully  paid.  (L.  1895,  p.  238.)  (See  H.  B.  14  Sp.  L.  1910.) 

Sec.  46.  (8126-S.)  Clerk  to  Extend  Levies.— It  shall  be  the  duty  of  the 
county  clerk  to  extend  such  levies  on  the  tax  rolls  of  the  county  in  the  same 
manner  as  provided  for  other  tax  levies.  (L.  1895,  p.  238.) 

Sec.  47.  (8127-8-S.)  Treasurer  to  Collect. — The  county  treasurer  shall  col- 
lect the  taxes  under  such  levy  the  same  as  other  taxes  and  apply  the  funds 
of  each  school  township  as  fast  as  collected  to  the  payment  of  outstanding 
warrants  of  such  townships  in  the  order  of  their  registration.  (L.  1895, 
p.  239.) 

Sec.  48.  (8128-S.)  Residue  to  be  Apportioned. — Should  there  be  any  sur- 
plus funds  collected  the  county  superintendent  shall  apportion  such  residue 
to  the  independent  districts  formed  out  of  such  school  townships  in  the  ratio 
of  the  last  assessed  valuation  of  the  property  of  such  independent  districts 
within  said  Sate.  (L  1895,  p.  239.) 

Sec.  49.  (8129-S.)  To  Reimburse  Original  District. — Any  independent 
school  district  having  in  its  possession  any  school  buildings,  seats,  desks, 
or  school  supplies,  contracted  for  or  purchased  by  the  original  school  town- 
ship under  the  laws  of  1890,  for  the  use  of  such  school  districts,  shall, 
when  a  demand  is  made  by  the  directors  of  a  special  school  district  as 
created  by  the  law  of  1893,  within  the  limits  of  the  said  township  or  town- 
ships, levy  a  tax  upon  the  district  having  in  its  possession  said  desks  and 
other  supplies,  to  reimburse  the  district  making  such  demand  of  its  share 
of  the  support  paid,  or  debts  contracted  for  such  supply.  (L.  1895,  p.  239.) 

Sec.  5Q.  (8130-S.)  Superintendent  to  Ascertain  Indebtedness. — It  shall 
be  the  duty  of  the  county  superintendent  of  such  school  district  to  ascertain 
the  proportion  due  such  district  or  districts  of  the  money  paid,  or  debt  so 
contracted,  for  the  purchase  of  said  school  supplies,  and  shall  certify  to  the 
clerk  of  the  Bounty  a  special  levy,  in  addition  to  the  annual  levy  authorized 
by  law  on  said  property,  sufficient  to  pay  said  indebtedness:  Provided,  Such 
levy  shall  not  exceed  five  mills  in  any  one  year;  and  said  superintendent 
shall  continue  to  certify  such  levy  as  aforesaid  from  year  to  year,  as  pro- 
vided herein,  until  such  indebtedness  is  fully  paid.  (L.  1895,  p.  239.) 

Sec.  51.  (2131-S.)  County  Clerk  to  Extend  Levy. — It  shall  be  the  duty 
of  the  county  clerk  to  extend  the  levy  on  the  fa*  roll?  of.  the  county  in  the 
same  manner  as  provided  for  other  taxes.  (L.  1895,  p.  240.) 

Sec.  52.  (8132-S.)  County  Treasurer  to  Collect. — The  county  treasurer 
shall  collect  such  levy  the  same  as  other  taxes,  and  apply  the  funds  to  the 
several  districts  to  which  the  same  may  be  due,  as  shall  be  certified  to  his 
office  by  the  county  clerk,  based  upon  said  report  of  the  county  superin- 
tendent. (L.  1895,  p.  240.) 


ARTICLE  X. 
County  High  Schools. 


SECTION 

1.  Counties    May    Establish    County    High 

School. 

2.  Petition  for  Election — Notice  of  Election. 

3.  Repeal — Effect  of. 

4.  Election — How  Held — Board  of  Trustees 

— How  Selected — Bond  of. 

5.  Organization  of  Board — Quorum. 

6.  Trustees  to  Make  Estimate  for  Levy — 

Liability. 

7.  How  Collected. 


SECTION 

8.  Treasurer  of  High  School. 

9.  Selecting  Site.— Buildings— Trustese. 

10.  Selecting  Teachers. 

11.  Rules  and  Regulations. 

12.  Pupils  from  Other  Counties. 

13.  Principal  to  Goverrn  School. 

14.  Graduates   May  Enter   State   College. 

15.  Annual  Report  of  Trustees. 

16.  Board  of  Trustees. 

17.  Salary  of  Secretary  and  Treasurer. 


Sec.  1.  (8133-S.)  Counties  May  Establish  High  Schools. — Each  county  in 
the  State  of  Oklahoma  having  a  population  of  six  thousand  inhabitants  or 
over  as  shown  by  the  last  State  or  Federal  census,  may  establish  a  high 
school  on  the  conditions  and  in  the  manner  hereinafter  prescribed,  for  the 
purpose  of  affording  better  educational  facilities  for  pupils  more  advanced 
than  those  attending  district  schools.  (L.  1901,  p.  187.) 

Note. — This   is   repealed  by  Sec.  8135. 

Sec.  2.  (8134-S.)  Petition  for  Election— Notices.— When  one-third  of  the 
electors  of  the  county,  as  shown  by  the  returns  of  the  last  preceding  elec- 
tion, shall  petition  the  board  of  county  commissioners  requesting  that  a 
high  school  be  established  in  their  county  at  a  place  in  the  said  petition 
named,  or  whenever  the  said  county  commissioners  shall  in  their  discretion 
think  proper,  they  shall  give  twenty  days'  notice  previous  to  any  general 
election,  that  they  will  submit  the  question  to  the  electors  of  said  county 
whether  such  high  school  shall  be  established  and  at  the  place  specified 
at  which  election  the  electors  of  the  county  shall  vote  by  ballot  for  or  against 
establishing  such  high  school.  The  notice  contemplated  in  this  section  shall 
be  given  as  are  legal  notices  of  a  general  or  special  election.  (L.  1901, 
p.  187.) 

Sec.  3.  (8135-S.)  Repeal— Effect  of.— That  Sections  one  (11)  (8133)  and 
two  (2)  (8134)  of  an  act  to  authorize  the  establishment  and  miirtenarce 
of  county  high  schools,  approved  March  18,  1901,  be,  and  the  same  are,  here- 
by repealed.  Provided  that  the  passage  of  this  act  shall  not,  in  any  man- 
ner, affect  any  county  in  this  State  that  hertofore  shall  have  established 
a  county  high  school,  or  any  county  that  within  sixty  (60)  days  prior  to  the 
passage  and  approval  of  this  act  shall  have  held  an  election  under  the  pro- 
visions of  Article  one  (1),  Chapter  twenty-eight  (28),  Session  Laws  of  1901, 
relating  to  the  creation,  establishment  and  maintenance  of  county  high 
schools,  and  in  such  counties  that  have  held  an  election  within  the  sixty 
(60)  days  just  mentioned,  wherein  majority  of  the  votes  cast  at  said  elec- 
tion in  said  county,  have  been  for  the  creation,  establishment,  and  mainten- 
ance of  a  county  high  school  at  some  point  in  such  county.  The  passage 
of  this  act  shall  in  no  wise  affect  the  creation,  establishment  and  mainten- 
ance of  a  county  high  school  in  such  counties,  and  such  county  or  the  peo- 
ple thereof,  as  provided  by  law,  shall  have  the  power  and  authority  to  pro- 
ceed to  the  full  creation,  establishment  and  maintenance  of  such  high  school 
the  same  as  if  this  act  had  never  been  passed.  (L.  1909,  S.  B.  4,  Approved 
Feb.  26,  1909.) 

Sec.  4.  (8136-S.)  Election — How  Held— Board  of  Trustees. — Said  election 
shall  be  held  in  the  same  manner  as  are  elections  for  county  officers;  ano 
the  voters  on  said  question  shall  be  canvassed  in  the  same  manner  as  in 
the  election  of  county  officers,  and  if  a  majority  of  all  the  votes  cast  shall 

—50— 


be  in  favor  of  establishing  such  high  school,  the  county  commissioners  shall 
immediately  proceed  to  appoint  six  persons,  who  shall  be  residents  and 
freeholders  of  the  county,  but  not  more  than  three  of  whom  shall  be  resi- 
dents of  the  same  township  or  city  or  members  of  the  same  political  party, 
who  shall  with  the  county  superintendent  of  public  instruction,  constitute 
the  board  of  trustees  for  such  school.  Each  of  said  trustees,  appointed  as 
aforesaid,  shall  hold  his  office  for  a  term  of  one  year  or  until  his  successor 
is  appointed  and  qualified  and  shall  be  required  in  ten  days  after  his  ap- 
pointment to  qualify  by  taking  the  usual  oath  of  office,  and  by  giving  such 
bond  as  may  be  required  by  said  board  of  county  commissioners  for  the 
faithful  discharge  of  such  duties.  (L.  1901,  p.  188.) 

Sec.  5.  (8137-S.)  Organization  of  Board — Quorum. — The  county  superin- 
tendent shall,  by  virtue  of  his  office,  be  president  of  said  board  of  trustees. 
At  the  first  meeting  of  said  board  of  trustees  in  each  year  they  shall  ap- 
point from  their  own  members  a  secretary  and  treasurer  who  shall  perform 
the  duties  devolving  upon  such  officers  and  shall  give  such  additional  bond 
as  the  county  commissioners  shall  deem  sufficient.  A  majority  of  said  board 
shall  constitute  a  quorum  for  the  transaction  of  all  business,  but  four 
votes  in  the  affirmative  or  negative  shall  be  required  to  decide  any  question. 
(L.  1901,  p.  188.) 

Sec.  6.  (8138-S.)  Trustees  to  Make  Estimate  for  Levy. — At  said  first 
meeting  or  at  some  suceeding  meeting  called  for  such  purpose  prior  to  the 
fifteenth  day  of  June  of  each  year,  the  trustees  shall  make  an  itemized  es- 
timate of  the  amount  of  funds  needed  for  payment  of  teachers'  wages  and 
for  payment  of  contingent  expenses,  and  they  shall  present  to  the  board  of 
county  commissioners  a  certified  estimate  of  the  rate  of  tax  required  to 
raise  the  amount  desired  for  such  purpose,  and  the  county  commissioners 
shall  cause  the  same  to  be  extended  upon  the  tax  rolls  and  collected  as  other 
taxes  and  when  collected,  the  same  shall  be  paid  to  the  treasurer  of  said 
board  of  trustees  to  be  paid  out  by  him  on  the  order  of  said  board  of 
trustees.  But  in  no  case  shall  the  tax  for  teachers'  wages  and  contingent 
expenses  exceed  in  any  one  year  three  mills  on  the  dollar  on  the  taxable 
property  of  the  county.  All  indebtedness  created  by  said  board  of  trustees 
for  the  purpose  above  mentioned  in  excess  of  eighty  per  cent  of  the  tax 
so  levied  shall  be  void  as  against  said  fund  but  may  be  recovered  from  the 
individual  members  voting  to  create  the  same.  (L.  1903,  p.  260.) 

Sec.  7..  (8139-S.)How  Collected. — Said  tax  shall  be  levied  and  collected 
in  the  same  manner  as  other  county  taxes,  and  when  collected  the  county 
treasurer  shall  pay  the  same  to  the  treasurer  of  the  county  high 
school  in  the  same  manner  that  school  funds  are  paid  to  the  district  treas- 
urers. (L.  1901,  p.  189.) 

Sec.  8.  (8140-S.)  Treasurer  of  High  School — Duties — Report. — The  said 
treasurer  of  the  high  school  shall  receive  from  the  county  treasurer  and 
from  other  parties  all  moneys  that  belong  to  the  funds  of  said  school,  and 
shall  pay  out.  the  same  only  by  direction  of  the  board  of  trustees,  upon  or- 
ders duly  signed  by  the  president  and  countersigned  by  the  secretary,  stating 
the  purpose  for  which  they  were  drawn.  Both  secretary  and  treasurer  shall 
keep  an  accurate  account  of  all  moneys  received  and  expended  for  said 
school,  and  at  the  close  of  each  year  or  oftener  if  required  by  the  board  of 
trustees,  they  shall  make  a  full  statement  of  the  financial  affairs  of  the 
school.  (L.  1901,  p.  189.) 

Sec.  9.  (8141-S.)  Selecting  Site — Buildings — Trustees  May  Issue  War- 
rant to  Pay  for  Same. — The  board  of  trustees  shall  proceed  as  soon  as  practi- 
cable to  select  the  best  site  that  in  their  judgment  can  be  obtained  for  the 
location  of  said  school  building  without  expense  to  the  county,  they  shall 
then  proceed  to  advertise  for  plans  and  specifications  for  said  county  high 

—51— 


school  building  and  after  accepting  or  deciding  on  some  plan  shall  adver- 
tise for  bids  for  the  erection  of  necessary  school  buildings  and  let  the  con- 
tract 'for  the  erection  of  said  buildings,  or  they  may  proceed  to  make  pur- 
chases of  material  and  let  the  contract  for  the  construction  of  the  same. 
The  board  of  trustees  shall  purchase  the  necessary  furniture  to  furnish  said 
building  when  completed,  together  with  necessary  heating  and  plumbing 
apparatus  and  necessary  sewerage.  They  may,  after  making  the  contracts 
for  the  building  and  furnishing  of  such  building,  including  heating  plumb- 
ing and  sewerage,  issue  warrants  for  the  amount  of  the  same  payable  in 
equal  annual  installments  of  not  less  than  five  nor  more  than  twenty  years, 
drawing  interest  at  the  rate  of  six  per  cent  per  annum,  interest  payable 
semi-annually  on  the  first  days  of  January  and  July  of  each  year,  said  war- 
rants shall  be  signed  by  the  president  and  secretary  of  said  board  of  trus- 
tees, and  have  the  seal  of  said  board  impressed  thereon;  they  shall  also 
be  endorsed  by  the  county  clerk,  that  they  are  issued  according  to  law  and 
by  him  registered  in  a  book  to  be  provided  for  that  purpose;  the  warrants 
issued  for  the  payments  of  the  school  buildings,  furniture,  heating,  plumb- 
ing and  necessary  sewerage  shall  be  divided  into  payments  so  that  no  tax 
levy  for  the  payment  of  any  annual  installments  and  interest  shall  exceed- 
three  mills  on  the  dollars  valuation  of  said  county  for  one  year.  Sep- 
arate warrants  may  be  issued  for  the  building  of  school  building  and  for 
the  furnishing,  keating,  plumbing,  and  sewerage:  Provided,  however,  that 
the  total  cost  of  said  building,  heating,  plumbing  and  sewerage  shall  not 
exceed  one  and  one-half  per  centum  of  the  assessed  valuation  of  said  county 
for  the  year  in  which  said  county  voted  to  erect  and  maintain  a  county 
high  school.  The  warrants  provided  for  to  be  issued  by  this  section  shall 
be  sold  at  not  less  than  par,  the  money  derived  from  the  sale  of  warrants 
issued  to  pay  for  the  buildings,  furniture,  heating  and  plumbing,  and  for 
necessary  sewerage  shall  be  turned  over  to  the  county  treasurer,  and  be  by 
him  paid  out  on  the  order  of  the  board  of  trustees  on  a  warrant  properly 
signed  by  the  president  and  secretary  of  said  board.  The  county  commis- 
sioners of  the  county  wherein  said  county  high  school  is  located  shall  at 
their  meeting  in  July  of  each  year,  provide  a  tax  levy  for  the  payment  of 
said  warrants  and  the  interest  thereon  as  they  become  due  and  payable, 
and  they  shall  be  a  lien  on  said  tax  levy,  and  be  paid  by  the  county  treasurer 
out  of  the  same  when  collected.  The  board  of  trustees  at  their  discretion 
may  lease  suitable  buildings  for  the  use  of  the  high  school  until  the  erec- 
tion of  new  buildings,  the  rent  to  be  paid  out  of  the  fund  created  by  this 
act.  (L.  1903,  p.  260.)  (See  H.  B.  14,  Sjl.  L.  1910.) 

Sec.  10.  (8142.-S.)  Selecting  Teachers. — The  board  of  trustees  shall  em- 
ploy a  suitable  person  who  shall  take  charge  of  said  school  and  teach  the 
same  and  shall  be  known  as  the  principal  of  such  school;  and  the  trustees 
shall  furnish  such  assistant  teachers  as  they  may  deem  necessary,  and  shall 
provide  for  the  salaries  thereof:  Provided,  That  no  member  of  the  board 
of  trustees  or  the  wife,  son  or  daughter  of  such  member  shall  be  employed 
as  principal  or  teacher  in  such  school. 

Sec.  11.  (8143-S.)  Rules  and  Regulations. — Tuition  shall  be  free  to  all 
pupils  residing  in  the  county  where  the  school  is  located.  The  board  of 
trustees  shall  make  such  general  rules  and  regulations  as  they  deem  proper 
in  regard  to  age  and  grade  of  attainments  essential  to  entitle  pupils  to  ad- 
mission in  such  high  school  who  shall  not  have  passed  a  satisfactory  ex- 
amination in  all  the  work  of  the  district  schools  of  the  county  in  which 
such  school  is  situated.  If  there  should  be  more  applicants  than  can  be  ac- 
commodated at  any  one  time  in  such  high  school,  each  district  shall  be  en- 
titled to  send  its  equal  proportion  of  pupils  according  to  the  number  of 
pupils  it  may  have,  as  shown  by  the  last  report  of  the  county  superinten- 

—52— 


dent  of  public  instruction;  the  board  of  trustees  shall  designate  such  pupils 
as  may  attend  subject  to  the  proviso  above:  Provided,  Further,  When  the 
board  of  trustees  shall  deem  the  same  expedient  they  may  provide  separate 
school  facilities  and  teachers  for  pupils  of  colored  or  mixed  blood  who  are 
otherwise  qualified  for  admission  to  such  high  school.  (L.  1901,  p.  190.) 

Sec.  12.  (8144-S.)  Pupils  from  Other  Counties. — If  at  any  time  the  school 
can  accommodate  more  pupils  than  apply  for  admission  from  that  county  in 
which  the  school  is  situated  the  vacancy  may  be  filled  by  applicants  from 
other  counties  upon  the  payment  of  such  tuition  as  the  board  of  trustees 
may  prescribe,  but  at  no  time  shall  such  pupils  continue  in  school  to  the 
exclusion  of  such  pupils  residing  in  the  county  in  which  such  school  is  lo- 
cated. (L.  1901,  p.  191.) 

Sec.  13.  (8145-S.)  Principal  to  Conduct  and  Govern  School. — The  prin- 
cipal of  such  high  school  with  the  approval  of  the  board  of  trustees,  shall 
make  such  rules  and  regulations  as  he  may  deem  proper  in  regard  to  the 
studies  and  conduct  and  government  of  pupils  in  such  school;  and  if  the 
pupils  will  not  conform  to  nor  obey  the  rules  of  the  school,  they  may  be 
suspended  or  expelled  therefrom  by  the  principal  of  said  school  subject 
to  the  approval  of  the  board  of  trustees:  Provided,  That  the  principal  shall 
have  power  to  temporarily  suspend.  (L.  1901,  p.  191.) 

Sec.  14.  (8146-S.)  Graduates  May  Enter  State  College. — Those  graduat- 
ing from  the  normal  course  in  the  county  high  school  shall  be  entitled  to  a 
teachers*  second  grade  certificate  and  shall  be  admitted  to  the  first  year 
of  professional  work  at  the  Normal  Schools  without  further  examination; 
and  those  graduating  from  the  collegiate  course  shall  be  entitled  to  admis- 
sion to  the  freshman  class  of  the  State  University  and  the  State  Agricultural 
and  Mechanical  College  without  further  examination.  (L.  1901,  p.  191.) 

Sec.  15.  (8147-S.)  Annual  Report  of  Trustees. — The  board  of  trustees 
shall  annually  on  the  first  day  of  July  of  each  year,  make  a  report  to  the 
county  commisioners,  which  report  shall  specify  the  number  of  students 
attending  the  high  school  during  the  year,  their  sex,  and  the  number  of 
branches  taught,  the  text  books  used,  the  number  of  teachers  employed,  the 
salaries  paid  and  the  amounts  expended  respectively  for  library,  apparatus, 
building,  and  for  all  other  purposes;  also  the  amount  of  funds  on  hand,  the 
debts  unpaid,  if  any;  the  amounts  due,  if  any;  and  all  other  information  im- 
portant or  expedient  to  report.  Such  report  shall  be  printed  in  at  least  one 
newspaper  of  the  county,  if  any  is  published  therein,  and  a  copy  of  the  re- 
port shall  be  forwarded  to  the  State  Superintendent  of  public  instruction. 
(L.  1901,  p.  192.) 

Sec.  16.  (8148-S.)  Board  of  Trustees — Vacancies. — The  county  com- 
missioners shall  have  power  to  fill  any  vacancy  that  may  occur  in  the 
board  of  trustees.  (L.  1901,  p.  192.) 

Sec.  17.  (8149-S.)  Salary  of  Secretary  and  Treasurer. — The  county  com- 
missioners shall  allow  the  secretary  and  treasurer  of  the  board  of  trustees 
a  salary  not  to  exceed  fifty  dollars  per  annum  each;  and  the  same  to  be 
audited  and  paid  in  like  manner  as  other  claims  by  the  said  board  of  trus- 
tees. Said  trustees  shall  not  be  entitled  to  nor  receive  any  other  additional 
remuneration.  (L.  1901,  p.  192.) 


ARTICLE  XI. 
Kindergartens. 


SECTION" 

1.  Kindergartens  may  be  Established. 

2.  Same  as  Above. 

3.  Kindergarted  Defined. 


SECTION 

4.  Teachers  Trained — Normal  School. 

5.  Kindergarten  Census.  ) 

6.  Teacher's  Qualifications. 


Sec.  1.  (8150-S.)  Kindergartens  May  be  Established. — The  directors  of 
any  school  district,  boards  of  education  or  other  duly  authorized,  appointed, 
elected  or  qualified  public  school  officer,  of  any  town,  city  or  school  district, 
having  a  population  of  two  thousand  five  hundred  or  more,  may  establish 
and  mantain  kindergartens  in  connection  with  the  public  schools  under  their 
jurisdiction,  for  all  children  between  the  ages  of  four  and  six  years.  (L.  1903, 
P.  257.) 

Sec.  2.  (8151-S.)  S^me  as  Above. — The  school  authorized  in  each  and 
every  town  or  city  of  over  twenty-five  hundred  inhabitants  as  shown  by 
the  last  federal  census  or  any  subsequent  census  authorized  by  the  State 
may  establish  and  maintain  a  complete  kindergarten  system  for  all  children 
between  the  ages  of  four  and  six  years.  (L.  1903,  p.  257.) 

Sec.  3.  (8152-S.)  Kindergarten  Defined. — The  term  kindergarten  shall 
be  construed  to  mean  the  application  of  the  methods  of  Froebel  or  some 
approved  American  development  of  said  methods,  and  no  merely  subprimary 
grades  for  children  under  six  years  of  age  shall  be  established  under  the 
authority  of  this  act.  (L.  1903,  p.  257.) 

Sec.  4.  (8153-S.)  Teachers  Trained — Normal  School. — Within  one  year 
after  the  provisions  of  this  act  shall  become  law,  provisions  shall  be  made 
or  department  established  for  the  training  of  kindergarten  teachers  in  the 
normal  schools  of  the  state. 

Sec.  5.  (8154-S.)  Kindergarten  Census. — Whenever  a  city,  town  or  school 
district  shall  have  established  kindergartens  in  connection  with  its  public 
school  system  as  provided  for  by  sections  8150  and.  8151  of  this  act,  the 
school  oficials  of  each  city,  town  or  school  district  shall  cause  (a  census) 
to  be  taken  of  all  pupils  between  the  ages  of  four  and  six  years  and  report 
said  census  duly  certified  by  the  clerk  of  said  board  of  education,  or  clerk 
of  school  district  to  the  county  superintendent  who  shall  certify  report  of 
said  census  to  the  State  superintendent  of  public  instruction.  *Upon  re- 
ceipt of  said  report  the  State  superintendent  of  public  instruction  shall  ap- 
portion the  funds  arising  from  rentals  on  school  lands  in  the  same  manner 
now  accorded  to  other  schools  except  that  such  aid  shall  inure  to  the  dis- 
trict maintaining  the  kindergartens  and  on  the  basis  of  enumeration. 

*Note. — This  last  provision  is  repealed  by  Sec.  1  of  S.  B.  No.  259,  Ses- 
sion Laws  of  1908,  p.  666.  This  is  the  opinion  of  the  school  land  attorney 
to  the  school  land  commission. 

Sec.  6.  (8155-S.)  Teachers'  Qualifications. — All  applicants  for  position 
in  kindergartens  maintained  by  said  towns,  city  or  school  district  shall  be 
graduates  of  an  accredited  kindergarten  normal  school  and  subject  to  any 
examination  instituted  by  the  State  Superintendent  of  public  instruction. 
(L.  1903,  p.  258.) 

—54— 


ARTICLE   XII. 
Union  or  Graded  School. 


SECTION 

1.  Union  of  Two  or  More  Districts. 

2.  Board  of  Union  Districts. 
School  Funds. 

May  Levy  Tax. 

Apportionment  of  School  Money. 
Clerk. 
Treasurer. 

Graded  District  Schools. 
Annual  Meeting. 


3. 

4. 

5. 

6. 

7. 

8. 

9. 
10. 
11. 
12. 


Existing  Law  to  Apply. 
Majority  of  Vote  to  Decide  Site. 
Contracts. 


SECTION 

13.  No  Sectarian  Doctrine. 

14.  Voters — Meeting   of. 

15.  County     Superintendent     shall     Declare 

Districts  Disorganized. 

16.  Officers  of  Consolidated  District. 

17.  Board — Powers  and  Duty  of. 
18.w  Bonded  Indebtedness. 

19.^  Disorganized  Districts — Property  of. 

20.  Annual  Meeting. 

21.  Laws  Applicable. 

22.  Consolidated  District. 


Sec.  1.  (8156-S.)  Union  of  Two  OP  More  Districts. — Whenever  the  in- 
habitants of  two  or  more  school  districts  may  wish  to  unite  for  the  purpose 
of  establishing  a  graded  school  in  which  instruction  shall  be  given  in  the 
higher  branches  of  education,  the  clerks  of  the  several  districts,  shall,  up- 
on written  application  of  one-third  of  the  voters  of  the  respective  districts,  call 
a  meeting  of  the  voters  of  such  districts,  at  some  convenient  place  by  posting 
up  written  notices  thereof,  in  like  manner  as  provided  for  calling  district 
meetings,  and  if  a  majority  of  the  voters  in  each  of  the  two  or  more  dis- 
tricts shall  vote  to  unite  for  the  purpose  herein  stated,  they  shall  at  that 
meeting,  or  at  an  adjourned  meeting,  elect  a  board  of  directors,  consisting 
of  a  director,  clerk  and  treasurer.  (L.  1-895,  p.  242.) 

Sec.  2.  (8157-S.)  Board  of  Union  District. — The  board  of  directors  pro- 
vided in  the  preceding  section  shall,  in  all  matters  relating  to  the  graded 
schools,  possess  all  the  powers  and  dis-charge  all  the  like  duties  of  the 
district  board  of  directors,  as  prescribed  in  this  act.  (L.  1895,  p.  243.) 

Sec.  3.  (8158-S.)  School  Funds.— The  union  or  graded  school  district 
thus  formed  shall  be  entitled  to  an  equitable  share  of  the  school  funds,  to 
be  drawn  from  the  treasurer  of  each  district  so  uniting,  in  proportion  to 
the  number  of  children  attending  the  said  graded  school  from  each  district. 
(L.  1895,  p.  243.) 

Sec.  4.  (8159-S.)  May  Levy  Tax. — The  said  union  district  may  levy  taxes 
for  the  purpose  of  purchasing  a  building  or  furnishing  p/oper  buildings  for 
the  accommodation  of  the  school,  or  for  the  purpose  of  defraying  neces- 
sary expenses  and  paying  teachers,  but  shall  be  governed  in  all  respects 
by  the  law  herein  provided  for  levying  and  collecting  district  taxes.  (L.  1895, 
p.  243.) 

Sec.  5.  (8160-S.)  Apportionment  of  School  Money. — The  clerk  of  the 
union  district  shall  report  in  writing  to  the  treasurer  of  each  school  dis- 
trict uniting  in  the  union  district  the  number  of  scholars  attending  the 
graded  school  from  his  district,  their  sex,  and  the  branches  studied;  and 
the  said  district  treasurer  shall  apportion  the  amount  of  school  money  due 
the  union  district  and  pay  the  same  over  to  the  treasurer  of  the  union  dis- 
trict on  order  of  the  clerk  and  director  thereof.  (L.  1895,  p.  243.) 

Sec.  6.  (8161-S.)  Clerk. — The  clerk  of  the  union  district  shall  make  a 
report  to  the  county  superintendent  of  public  instruction  and  discharge 
all  the  duties  of  clerk  in  like  manner  as  clerk  of  the  district.  (L.  1895,  p. 
243.) 

Sec.  7.  (8162-S.)  Treasurer. — The  treasurer  of  the  union  district  shall 
perform  all  the  duties  of  treasurer  as  prescribed  in  this  act  in  like  manner 
as  the  district  treasurer.  (L.  1895,  p.  243.) 

—55— 


Sec.  8.  (8163-S.)  Graded  District  Schools.— Any  single  district  shall 
possess  power  to  establish  graded  schools,  subject  to  the  provisions  of  the 
article  in  like  manner  as  two  or  more  districts  united.  (L.  1895,  p.  244.) 

Sec.  9.  (8164-S.)  Annual  Meeting. — The  annual  meeting  of  union  or 
graded  school  districts  shall  be  held  on  the  last  Wednesday  in  June  at  such 
hour  as  may  be  indicated  by  the  board.  (L.  1895,  p.  244.) 

Sec.  10.  (8165-S.)  Existing  Law  to  Apply. — Article  6,  Chapter  73,  of  the 
Statutes  of  Oklahoma  Territory,  being  an  act  for  the  support  and  regula- 
tion of  common  schools  shall  apply  to,  and  be  made  a  part  of  this  act,  for 
the  purpose  therein  named.  (L.  1895,  p.  244.) 

Sec.  11.  (8166-S.)  Majority — Vote  to  Decide  Site. — No  part  of  the 
Statutes  of  Oklahoma  shall  be  construed  so  as  to  prevent  the  location  of 
the  site  for  a  school  house  in  union  or  graded  school  districts  by  a  majority 
of  the  electors  of  said  union  or  graded  s>chool  districts.  (L.  1895,  p.  244.) 

Sec.  12.  (8167-S.)  Contracts. — No  expenditure  involving  an  amount 
greater  than  two  hundred  dollars  shall  be  made  except  in  accordance  with 
the  provisions  of  a  written  contract,  and  no  contract  involving  an  expendi- 
ture of  more  than  five  hundred  dollars  for  the  purpose  of  erecting  any  pub- 
lic buildings  or  making  any  improvements  shall  be  made  except  upon  sealed 
proposals  and  to  the  lowest  responsible  bidder.  (L.  1895,  p.  244.). 

Sec.  13.  (8168-S.)  No  Sectarian  Doctrine. — No  sectarian  doctrine  shall 
be  taught  or  inculcated  in  any  of  the  public  schools  of  the  union  district; 
but  the  Holy  Scriptures,  without  note  or  'comment,  may  be  used  therein 
at  the  discretion  of  each  teacher.  (L.  1895,  p.  244.) 

Sec.  14.  (8169-S.)  Voters — Meeting  of — Consolidation  of  Districts. — 
Meetings  of  the  voters  of  any  two  or  more  adjacent  school  districts  may 
be  called  in  their  resective  districts  for  the  purpose  of  voting  on  the  pro- 
position of  uniting  with  the  other  said  adjacent  districts  for  the  purpose 
of  establishing  a  consolidated  school,  said  call  to  be  made  in  the  same 
manner  as  provided  by  law  for  the  calling  of  special  district  meetings.  If 
a  majority  of  the  votes  cast  in  each  of  said  districts  shall  be  in  favor  of 
such  consolidation,  then  the  clerk  of  each  of  said  districts  shall  thereupon 
make  a  written  report  of  such  action  to  the  county  superintendent  of  the 
county  in  which  said  districts  are  located.  The  vote  in  each  district  shall 
be  made  conditional  upon  its  carrying  in  all  of  said  districts:  Provided, 
That  unorganized  territories  and  legally  organized  school  districts  con- 
taining a  school  population  of  one  hundred  persons  or  more  may  organize 
under  the  provisions  of  this  act.  (L.  1907-8,  p.  670.)  (Amended  Section 
1,  Article  1,  Chapter  33,  Session  Laws  1905.) 

Sec.  15.  (8170-S.)  County  Superintendent  May  Declare  Districts  Dis- 
organized.— The  county  superintendent  shall,  upon  receipt  of  the  reports 
as  provided  in  section  8169  of  this  act,  declare  said  districts  disorganized 
and  shall  form  a  consolidated  district  composed  of  the  several  districts 
voting  to  unite,  and  he  shall  designate  a  time  and  place  for  the  meeting 
of  the  voters  of  the  said  districts  so  disorganized  for  the  purpose  of  electing 
officers  and  completing  the  organization  of  said  consolidated  district.  He 
shall  give  notice  of  said  meeting  by  posting  written  or  printed  notices, 
stating  the  time,  place  and  purpose  of  said  meeting  in  at  least  three  public 
places  in  each  of  the  disorganized  districts  not  less  than  ten  days  prior 
to  the  time  of  meeting;  Provided,  That  in  the  formation  of  consolidated 
districts  comprising  territory  lying  in  more  than  one  county,  the  county 
superintendents  of  said  counties  shall  act  together  in  the  same  manner  as 
provided  by  law  in  the  formation  and  control  of  joint  districts,  and  at  said 
meeting  of  the  voters  of  the  newly  organized  school  district,  shall  select  a 
building  site  as  near  the  center  of  population  of  such  consolidated  district 
as  practicable.  (L.  1905,  p.  359.) 


Sec.  16.  (8171-S.)  Officers  of  Consolidated  Districts.— The  officers  of 
each  consolidated  school  district  shall  be  a  director,  a  clerk  and  a  treasurer, 
who  shall  constitute  a  district  board  and  who  shall  be  elected,  ai,d  hold  their 
respective  offices  as  follows:  At  the  meeting  provided  for  in  Section  8170 
of  this  act,  there  shall  be  elected  a  director  who  shall  hold  his  office  until 
the  third  annual  meeting  thereafter,  and  a  clerk  who  shall  hold  his  office 
until  the  first  annual  meeting  thereafter,  and  thereafter  at  each  annual 
meeting  there  shall  be  elected  one  member  of  the  board  in  place  of  the 
outgoing  member  who  shall  hold  his  office  -for  three  years  and  until  his 
successor  is  elected  and  qualified:  Provided,  That  where  more  than  two 
districts  unite  not  more  than  one  member  of  the  board  shall  be  elected  from 
the  territory  of  any  one  of  the  disorganized  districts.  (L.  1895,  p.  360.) 

Sec.  17.  (8172-S.)  Board — Powers  and  Duties  of. — The  powers  and  duties 
of  the  district  board  herein  provided  and  of  its  several  officers  shall  be 
the  same  as  those  provided  by  law  for  school  district  boards  and  their  sev- 
eral officers,  and  in  addition,  it  shall  be  the  duty  of  said  district  board  to 
provide  transportation  to  and  from  school  for  all  pupils  living  one  and  one- 
half  miles  or  moer  therefrom,  in  suitable  vehicles  of  ample  size,  with  com- 
fortable seats  arranged  to  conform  to  the  sizes  of  the  pupils  to  be  carried 
with  an  adjustable  cover  for  the  comfort  and  protection  of  the  pupils, 
drawn  by  stout,  gentle  teams  and  driven  by  adult  persons  of  good  moral 
character,  who  shall  have  control  of  said  pupils  during  their  transportation. 
(L.  1905,  p.  360.) 

Sec.  18.  (8173-S.)  Bonded  Indebtedness. — If  any  s-chool  district  uniting 
to  form  a  consolidated  district  shall  have,  at  the  time  of  its  disorganiza- 
tion a  legally  bonded  indebtedness,  such  indebtedness  shall  attach  to  and 
become  a  charge  against  the  territory  comprised  in  such  disorganized  dis- 
trict at  the  time  of  the  disorganization,  and  it  shall  be  the  duty  of  the 
county  commissioners  of  the  county  or  counties  in  which  such  territory  is 
located  to  cause  annually  to  be  levied  upon  the  property  real  and  personal 
in  such  disorganized  territory,  a  tax  sufficient  to  meet  the  interest  and  pro- 
vide a  sinking  fund  for  the  payment  of  such  indebtedness:  Provided,  That 
the  assets  and  property  of  any  disorganized  district  having  an  indebtedness 
shall  first  be  applied  in  payment  of  its  floating  indebtedness,  if  any,  and 
then  its  bonded  indebtedness,  and  the  residue,  if  any,  shall  belong  to  the 
consolidated  district.  (L.  1905,  p.  360.) 

Sec.  19.  (8174-S.)  Disorganized  District — Property  of. — The  school  prop- 
erty of  the  disorganized  districts  shall,  upon  the  organization  of  the  con- 
solidated district,  become  the  property  of  said  district  except  as  herein- 
before provided,  and  the  district  board  of  said  district  is  hereby  authorized 
to  dispose  of  said  property  to  the  best  interests  of  said  districts.  (L.  1905, 
p.  361.) 

Sec.  20.  (8175-S.)  Annual  Meeting. — The  annual  meeting  of  said  con- 
solidated district  shall  be  held  on  the  same  date  as  fixed  by  law  for  holding 
the  annual  school  meetings  of  each  year  at  the  school  house  belonging  to 
said  district,  at  two  o'clock  p.  m.,  and  they  shall  have  such  powers  and 
duties  as  are  by  law  provided  for  annual  school  district  meetings.  (L.  1905, 
p.  361.) 

Sec.  21.  (8176-S.)  Laws  Applicable. — In  all  matters  relating  to  con- 
solidated school  districts  not  provided  for  in  this  act,  the. law  relating  to 
school  districts  shall  be  in  force  where  said  laws  are  applicable.  (L.  1905, 
p.  361.) 

Sec.  27.  (8177.)  Consolidated  Districts. — A  consolidated  district,  when 

formed,  shall  be  known  as  Consolidated  School  District  No ,  County 

of  ,  State  of  Oklahoma,  and  shall  be  a  body  corporate  with 

power  to  sue  and  be  sued.  (L.  1905,  p.  362.) 

—57— 


ARTICLE   XIII. 
Normal    Institutes. 


SECTION 

1.  Annual  Institute. 

2.  Conductor  and  Instructor. 

3.  Fees  and  Expenses. 

4.  Custodian  of  Fund. 

5.  Superintendent's  Reports. 

6.  Disbursements. 

7.  Moneys  not  Paid — Except  When. 

8.  Certificates  Renewed. 


SECTION 

9.  Superintendents  not  Conductors — Where. 

10.  Union  Institutes. 

11.  Negro  Teachers — Separate  Institute. 

12.  Annual  Reports. 

13.  Conductor's  Reports. 

14.  Conductor's  Failure  to  Report. 

15.  Superintendent  Violating  this  Act. 


Sec.  1.  (8178-S.)  Annual  Institute. — The  county  superintendents  of  pub- 
lic instruction  shall  hold  annually  in  their  respective  -counties,  for  a  term 
of  not  less  than  two  weeks  nor  more  than  four  weeks,  ending  on  the  last 
Friday  of  June,  July  or  August,  a  normal  institute  for  academic  and  pro- 
fessional instruction  of  teachers,  and  those  desiring  to  teach:  Provided, 
That  two  or  more  'Counties  may  be  united  in  holding  one  normal  institute 
each  year,  as  hereinafter  provided.  (L.  1907,  p.  675.) 

Sec.  2.  (8179-S.)  Conductor  and  Instructor. — The  county  superintendents 
of  public  instruction  shall  determine  the  time,  length  of  term  and  the  place 
of  holding  their  annual  sessions,  in  -conformity  with  section  8178  hereof; 
and  shall  select  and  employ  a  conductor  and  instructors  for  the  same: 
Provided,  That  all  such  contracts  for  conductor  and  instructors  shall  be 
approved  by  the  State  superintendent  of  public  instruction  before  such  con- 
tracts are  valid.  (L.  1907,  p.  675.) 

Sec.  3.  (8180-S.)  Fees  and  Expenses. — To  defray  the  expenses  o-f  su-ch 
institute  sessions  the  county  superintendents  of  public  instruction  shall 
require  the  payment  of  a  uniform  fee  of  not  less  than  one  dollar  nor  more 
than  three  dollars  by  each  person  enrolled  in  said  institute;  that  they  shall 
further  require  the  payment  of  the  fee  of  two  dollars  by  each  applicant  for 
a  teacher's  certificate;  and,  that  in  addition  to  such  sum,  the  county  com- 
missioners shall,  upon  recommendation  of  the  county  superintendents  of 
public  instruction,  allow  a  sufficient  sum,  not  to  exceed  two  hundred  dol- 
lars ($200.00)  for  each  institute,  to  be  paid  out  of  any  fund  of  the  county 
not  otherwise  appropriated.  (L.  1907-8,  p.  675.) 

Sec.  4.  (8181-S.)  Custodian  of  Fund. — The  sum  thus  created  shall  be 
designated  the  "Normal  Institute  Fund,"  and  the  county  treasurer  shall  be 
the  custodian  thereof.  (L.  1907-8,  p.  676.) 

Sec.  5.  (8182-S.)  Superintendent's  Reports. — The  county  superinten- 
dents of  public  instruction  shall,  at  the  close  of  each  regular  teacher's  ex- 
amination, and  at  the  close  of  each  teachers'  normal  institute,  transmit  to 
the  county  treasurer  all  moneys  received  by  said  superintendents,  as  pro- 
vided in  section  8180  of  this  act,  together  with  the  name  of  each  person  so 
contributing,  the  amount  in  each  case,  and  the  county  treasurer  shall  place 
all  moneys  to  the  credit  of  the  normal  institute  fund.  (L.  1907-8,  p.  676.) 

Sec.  6.  (8183-S.)  Disbursements.— -All  disbursements  of  the  normal  in- 
stitute fund  shall  be  upon  written  order  of  the  county  superintendents  of 
public  instruction,  and  no  order  shall  be  drawn  upon  said  fund,  except  as 
accompanied  by  a  written  and  itemized  statement  of  services  rendered  or 
expenses  incurred,  and  no  order  shall  be  drawn  in  favor  of  the  county  su- 
perintendents of  public  instruction  themselves.  (L.  1907-8,  p.  676.) 

Sec.  7.  (8184-S.)  Moneys  Not  Paid  Except  When. — No  county  superinten- 
dents of  public  instruction  shall  pay  moneys  from  the  before  mentioned 
fund  to  any  conductor  or  instructor  unless  the  said  -conductor  or  instructor 
shall  have  first  received  an  institute  certificate  from  the  State  board  of  ex- 


—58— 


aminers:  Provided,  That  all  certificates  issued  by  the  State  board  of  edu- 
cation shall  be  valid  for  the  remainder  of  the  term  for  which  issued  when 
same  shall  have  been  examined  and  approved  by  the  State  superintendent 
of  public  instruction.  Provided,  Further,  That  no  county  superintendent 
shall  employ,  or  pay  moneys  from  the  normal  institute  fund  to  any  con- 
ductor or  instructor  who  draws  salary  from  the  federal  or  State  govern- 
ment. (L.  1907-8,  p.  676.) 

Sec.  8.  (8185-S.)  Certificates  Renewed. — County  superintendents  of 
public  instruction  shall  require  both  the  academic  and  professional  branches 
to  be  taught  in  each  institute  session  and  all  of  them  as  outlined  in  the 
normal  institute  course  of  study  for  this  State,  or  as  ordered  by  the  State 
superintendent  of  public  instruction,  and  in  the  manner  prescribed  by  him. 
County  superintendents  shall  renew  certificates  of  all  teachers  holding  valid 
certificates  to  teach  in  the  schools  of  this  State  under  the  laws  thereof  who 
during  the  validity  of  their  certificates,  have  attended  as  bona  fide  partici- 
pants therein  the  sessions  of  the  county  teachers  institutes  called  by  the 
county  superintendents  of  public  instruction  and  without  examination  the 
certificates  held  by  teachers  thus  attending  shall  be  renewed  once,  for  a 
time  equal  to  the  original  term  of  validity  of  said  certificates,  when  the 
fact  of  such  attendance  shall  have  been  properly  and  duly  certified  to  the 
authority  renewing  such  certificate:  Provided,  That  teachers  whose  cer- 
tificates are  to  be  extended  and  held  valid  under  the  provisions  of  this  act 
shall  in  no  case  have  their  certificates  extended  unless  said  teachers  shall 
have  attended  at  least  75  per  cent  of  the  sessions  of  the  county  teachers' 
Institute:  Provided,  Further,  That  in  no  instance  shall  teachers  have 
their  certificates  renewed  under  the  provisions  of  this  act  who  have  not 
made  a  general  average  of  at  least  75  per  cent  in  the  last  examination  for 
teachers'  certificates  at  which  they  were  examined;  and  Provided,  Further, 
That  in  no  instance  shall  a  certificate  be  extended  under  the  provisions  of 
this  act  where  the  teacher  holding  said  certificate  has  failed  to  teach  for  at 
least  three  months  in  the  schools  of  this  State  each  year  during  the  validify 
of  his  or  her  certificate.  (L.  1907-8,  p.  676.) 

Sec.  9.  (8186-S.)  Superintendents  Not  Conductors. — Where. — County 
superintendents  of  public  instruction  shall  not  serve  as  conductors  or  in- 
structors in  institutes  in  which  their  counties  are  interested,  unless  thev 
have  first  met  the  requirements  set  forth  hi  section  81 89  of  this  act,  and 
that  in  no  case  shall  they  draw  pay  for  services  as  conductor  in  their  own 
counties.  (L.  1907-8,  p.  677.) 

Sec.  10.  (8187-S.)  Union  Institutes. — By  and  with  the  consent  of  the  State 
superintendent  of  public  instruction,  two  or  more  counties  may  unHe  in 
holding  one  normal  institute  each  year,  in  one  of  the  counties  so  uniting; 
that  the  county  superintendent  of  public  instruction  of  the  counties  so  unit- 
ing shall  agree  upon  the  time,  place  and  length  of  term  of  such  normal  in- 
stitute, as  hereinbefore  provided,  but  that  none  of  them  shall  be  the  con- 
ductor or  instructor  of  such  institute  session,  except  as  provided  in  Section 
(8186)  hereof,  and  that  none  of  such  superintendents  of  rmblio  instruction  of 
any  of  the  counties  so  forming  such  joint  normal  institutes,  shall  be  eligible 
to  draw  as  salary,  or  otherwise,  any  moneys  from  such  normal  institute 
fund;  and  that  the  county  treasurer  of  the  county  in  which  such  joint  nor- 
mal institute  is  held,  shall  be  the  legal  custodian  of  such  fund  for  that 
session;  and  that  the  county  superintendent  of  PubMo instruction  of  the  countv 
in  which  such  joint  normal  institute  is  held  shall  draw  and  sign  all  orders 
upon  such  fund  for  the  joint  sesion  of  such  normal  institute;  and  that  the 
county  commissioners  in  each  of  said  counties  so  uniting,  shall  be  subject 
to  the  provisions  of  Section  f 81800 .  except  that  they  shall  not  appropriate  to 
the  normal  institute  fund  to  exceed  one  hundred  dollars  ($100.00)  from  each. 

—59— 


of  said  counties  so  united;  and  that,  at  the  close  of  such  joint  normal  in- 
stitute session,  each  county  treasurer  shall  again  be  the  custodian  of  all 
such  funds  in  his  county;  and  that  no  contracts  shall  be  entered  into  by  any 
two  or  more  county  superintendents  for  a  period  longer  than  two  years,  but 
that  at  the  end  of  each  two  years  such  contracts  may  be  renewed  as  here- 
inbefore provided.  (L.  1907-8,  p.  677.) 

Sec.  11.  (8188-S.)  Negro  Teachers— Separate  Institutes.— All  teachers  of 
the  negro  race  shall  attend  separate  institutes  from  those  for  teachers  of 
the  white  race,  and  in  all  counties  where  the  number  of  teachers,  of  either 
race,  is  less  than  twenty-five  desiring  to  attend  such  institute,  they  shall 
have  the  right  and  privilege  to  attend  any  institute  for  their  race,  or  to  be 
united  with  the  teachers  of  their  race  in  any  other  adjacent  county,  under 
the  provisions  of  Section  (8187)  and  that  they  be  given  equal  facilities  with 
the  other  race,  in  such  county  or  counties,  and  their  conductor  and  instruc- 
tors shall  be  of  their  own  race,  pay  their  own  conductor  and  instructors  and 
that  they  shall  receive  their  pro  rata  of  all  appropriations  made  by  the 
county  commissioners  for  institute  fund  in  their  county  or  counties,  accord- 
ing to  the  actual  attendance  thereof.  (L.  1907-8,  p.  678.) 

Sec.  12.  (8189-S.)  Annual  Reports. — The  county  superintendents  of  pub- 
lic instruction  of  the  respective  counties  of  Oklahoma  shall  annually  make 
a  complete,  report  to  the  State  superintendent  of  public  instruction,  on 
blanks  provided  for  the  same  and  furnished  by  him,  all  data  relative  to  in- 
stitutes; as,  exact  time  of  holding  the  session,  length  of  the  term,  place — 
town  and  county — name  of  conductor  and  instructors,  and  any  other  infor- 
mation required  by  State  superintendent  of  public  instruction,  which  report 
must  be  filed  at  the  capital  not  later  than  the  first  Friday  of  April  of  each 
year.  (L.  1907-8,  p.  678.) 

Sec.  13.  (8190-S.)  Conductors'  Reports. — All  conductors  of  teachers*  in- 
stitutes in  the  respective  'Counties  of  this  State,  shall,  at  the  close  of  such 
session,  and  before  full  compensation  for  such  work  is  received,  make  out 
in  duplicate  form  a  full  and  complete  report  of  such  sessions,  embracing 
the  following  facts;  date  of  opening  and  closing  such  sessions,  enrollment 
fee,  number  of  members  enrolled  with  their  names,  ages,  sex,  classifica- 
t  tion,  grade,  normal  institute  grade,  experience  in  months,  and  any  other 
facts  required  by  the  State  superintendent;  also  the  name  of  the  conductor 
and  instructors,  the  date  of  issue  and  expiration  of  institute  certificates, 
salary,  and  other  compensation  received,  copy  of  the  daily  program  used, 
and  a  certified  statement  to  the  effect  that  the  normal  institute  course  of 
study  and  the  instructions  of  the  state  superintendent  were  followed  both 
in  word  and  in  spirit  during  such  session  together  with  any  recommenda- 
tions or  suggestions  to  said  State  superintendent  tending  to  the  betterment 
of  the  course  of  study  of  the  work  for  the  succeeding  institute  year  of  June, 
July  or  August.  A  copy  of  this  report  shall  be  filed  by  such  conductors  im- 
mediately at  the  close  of  such  institute  session  with  the  respective  county 
superintendents,  to  become  a  part  of  their  office  record,  and  a  duplicate 
copy  shall  be  transmitted  by  mail  by  such  conductors  to  the  state  super- 
intendent of  public  instruction  to  become  a  part  of  his  office  record  on  the 
same.  (L.  1907-8,  p.  679.) 

Sec.  14.  (8191-S.)  Conductor's  Failure  to  Report. — Any  conductor  who 
shall  fail  to  comply*  with  all  the  provisions  of  this  act  shall  be  subject  to 
to  the  revocation  of  his  normal  institute  certificate  by  the  State  superinten- 
dent of  public  instruction  of  this  State.  (L.  1907-8,  p.  679.) 


Sec.  15.  (8192-S.)  Superintendent  Violating  This  Act.— Any  county  su- 
perintendent who  shall  in  any  manner  violate  the  provisions  of  this  act, 
upon  conviction  thereof  shall  be  guilty  of  a  misdemeanor,  and  for  the  sec- 
ond offense  may  be  removed  as  is  provided  by  law.  (L.  1907-8,  p.  679.) 

Sec.  16.— Art.  9,  of  Chap.  73,  of  the  Statutes  of  1893,  and  Art.  10,  of 
Chap.  33,  of  the  Session  Laws  of  1905,  are  hereby  expressly  repealed,  and 
all  other  acts  and  parts  of  acts  in  conflict  herewith  are  repealed.  (L.  1907- 
8,  pp,  679-680.) 


—61- 


ARTICLE   XIV. 
Separate  Schools. 


SECTION 

1.  Maintain  Separation. 

2.  "Colored"  Defined. 

3.  Separate  Officers. 

4.  Different     Colored     Children     at     same 

School— Teacher  Fined. 

5.  Private  Institutions — for  Mixed  Pupils — 

Misdemeanor. 

6.  Instructor  in  Same — Penalty. 

7.  Mixed  Attendance — Pupils  Fined. 

8.  Separate  Schools  Established — Tax  Levy. 

9.  No  Separate  Schools — When. 

10.  Children  Transferred— When,  etc. 

11.  County  Superintendents  report  to  County 

Commissioners. 


SECTION 

12.  County  Commissioners — Duties  of— Ad- 

vertising for  Bids — Letting  Contract. 

13.  Furniture  and  Equipment. 

14.  School  Funds. 

15.  School  Board      to      Employ      Teachers. 

16.  Teachers — How    Paid — School   Buildings 

and  Sites — Repairs — How  Made. 

17.  District  Boards  to  Settle  with  Commis- 

sioners— When — Penalty     for     Non- 
Settlement. 

18.  District  Clerk,  County  Clerk  and  County 

Treasurer  to  Keep  Records. 


Sec.  1.  (8193-S.)  Maintain  Separation. — The  public  schools  of  the  State 
of  Oklahoma  shall  be  organized  and  maintained  upon  a  complete  plan  of 
separation  between  the  white  and  colored  races  with  impartial  facilities  for 
both  races.  (L.  1907-8,  p.  694.) 

Sec.  2.  (8194-S.)  "Colored"  Construed. — The  term  "colored"  as  used  in 
the  first  Section  shall  be  construed  to  mean  all  persons  of  African  descent 
who  possesses  any  quantum  of  negro  blood,  and  the  term  "white"  shall  in- 
clude all  other  persons.  The  term  "public  school"  within  the  meaning  of 
this  act,  shall  include  all  schools  provided  for  or  maintained  in  whole  or  in 
part  at  public  expense.  (L.  1907-8,  p.  694.) 

Sec.  3.  (8195-S.)  Separate  Officers. — That  whenever  there  shall  be  es- 
tablished and  maintained  a  separate  school,  a  separate  board  of  school  of- 
ficers shall  be  elected  and  chosen  for  the  management  of  each  school  as 
is  provided  for  by  law  for  the  election  of  other  school  officers.  In  districts 
having  separte  school  boards,  the  electors  of  each  separate  race  «tiall  meet 
as  now  provided  by  law  at  their  respective  schools  for  which  said  directors 
are  to  be  elected  and  the  electors  of  one  race  shall  not  participate  in  any 
election  pertaining  to  the  schools  of  the  other  race.  (L.  1907-8,  p.  694.) 

Sec.  4.  (8196-S.)  Colored  Children  and  Mixed  Attendance — Teacher's 
Fine. — Any  teacher  in  this  state  who  shall  willfully  and  knowingly  allow  any 
child  of  the  colored  race  to  attend  a  school  maintained  for  the  white  race, 
or  to  allow  any  white  child  to  attend  a  school  maintained  for  the  colored 
race  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  fined  in  any  sum  not  less  than  ten  dollars  nor  more  than  fifty 
dollars,  and  his  certificate  shall  be  cancelled  and  he  shall  not  have  another 
issued  to  him  for  a  period  of  one  year.  (L.  1907-8,  p.  694.) 

Sec.  5.  (8197-S.)  Private  Institutions— For  Mixed  Pupils — iMsdemeanor 
— It  shall  be  unlawful  for  any  person,  corporation,  or  association  of  persons 
to  maintain  or  operate  any  college,  school  or  institution  in  this  State  where 
persons  of  the  white  and  colored  races  are  both  received  as  pupils  for  in- 
struction, and  any  person  or  corporation  who  shall  operate  or  maintain  any 
such  college,  school  or  institution  in  violation  hereof,  shall  be  deemed  guilty 
of  a  misdemeanor  and  upon  conviction  thereof,  shall  be  fined  not  less  than 
one  hundred  dollars  nor  more  than  five  hundred  dollars,  and  each  day  such 
school,  college  or  institution  shall  be  open  and  maintained,  shall  be  deemed 
a  separate  offense.  (L.  1907-8,  p.  695.) 

Sec.  6.  (8198.)  Instructor  in  Same — Penalty. — That  any  instructor  who 
shall  teach  in  any  school,  'College  or  institution  where  members  of  the 
white  race  and  colored  race  are  received  and  enrolled  as  pupils  for  in- 


struction,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  fined  in  any  sum  not  less  than  ten  dollars  nor  more  than 
fifty  dollars  for  each  offense,  and  each  day  any  instructor  shall  continue 
to  teach  in  any  such  college,  school,  or  institution  shall  be  considered  a 
separate  offense.  (L.  1907-8,  p.  695.) 

Sec.  7.  (8199-S.)  Mixed  Attendance — Pupils  Fined. — It  shall  be  unlawful 
for  any  white  person  to  attend  any  school,  college  or  institution  where  col- 
ored persons  are  received  as  pupils  for  instruction;  and  any  one  so  of- 
fending shall  be  fined  not  less  than  five  dollars  nor  more  than  twenty  dol- 
lars for  each  offense,  and  each  day  such  a  person  so  offends  as  herein 
provided,  shall  be  deemed  a  distinct  and  separate  offense:  Provided,  That 
nothing  in  this  act  shall  be  so  construed  as  to  prevent  any  private  school, 
college  or  institution  of  learning  from  maintaining  a  separate  and  distinct 
branch  thereof  in  a  different  locality.  (L.  1907-8,  p.  695.) 

Sec.  8.  (8200-S.)  Separate  Schools  Established — Tax  Levy  for  Mainte- 
nance.— In  all  counties  separate  schools  'for  white  and  colored  children  are 
hereby  established  and  such  schools  shall  be  permanently  maintained  and 
the  board  of  county  commisioners  shall  annually  levy  a  tax  on  all  taxable 
property  in  their  respective  counties,  sufficient  to  maintain  said  separate 
schools  as  hereinafter  provided;  said  taxes  shall  be  estimated,  published, 
levied  and  collected  in  the  same  manner  as  other  taxes  for  county  purposes 
and  in  school  districts  where  such  separate  schools  are  maintained  no  white 
child  shall  attend  a  colored  school  or  colored  child  attend  a  white  school. 
(L.  1901,  p.  205.) 

Sec.  9.  (8201-S.)  No  Separate  Schools — When. — That  in  any  school  dis- 
trict in  such  'County,  having  both  white  and  colored  children  of  school  age, 
where  the  number  of  such  children,  either  white  or  colored,  does  not  exceed 
ten,  and  they  can  be  transferred  to  schools  of  their  own  color  in  adjoining 
districts  as  hereinafter  provided,  no  separate  schools  shall  be  maintained. 
(L.  1901,  p.  205.) 

Sec.  10.  (8202.)  Children  Transferred  to  Adjoining  District — When — 
County  Superintendent — Duties  of. — When  either  the  white  or  colored  chil- 
dren of  school  age  in  any  such  school  district,  having  both  white  and  colored 
children  of  school  age,  who  do  not  exceed  ten  in  number,  the  county  superin- 
tendent of  schools  of  such  county,  shall  transfer  the  white  or  colored  children 
that  are  the  fewer  in  number,  to  the  nearest  school  of  their  own  color  in 
some  adjoining  district,  when  the  same  can  be  done  with  the  consent  of 
their  parents,  guardians  of  custodians;  or  without  such  consent,  when  any 
such  children  can  be  so  transferred  without  compelling  them  to  travel  more 
than  two  and  one-half  miles  to  attend  such  school.  And  when  any  child  is 
so  transferred  to  another  school  under  the  provisions  of  this  act,  the  county 
superintendent  shall  apportion  its  per  capita  of  all  school  revenue,  except 
local  school  district  tax  and  county  separate  school  fund,  to  the  school  dis- 
trict to  which  it  is  transferred,  and  such  children  shall  have  all  the  rights 
and  privileges  in  the  school  to  which  it  is  transferred,  that  are  enjoyed  by 
children  resident  in  such  district.  (L.  1901,  p.  205.) 

Sec.  11.  (8203-S.)  County  Superintendent — Report  to  County  Commis- 
sioners.— That  immediately  after  the  passage  and  approval  of  the  act,  the 
county  superintendent  of  schools  in  each  county  shall  ascertain  what  dis- 
tricts of  his  county  have  separate  schools  for  white  and  colored  children, 
the  number  of  such  children  of  each  color  of  each  district;  and  further  as- 
certain the  districts,  if  any,  maintaining  separate  schools  that  have  not 
erected  school  houses  for  both  white  and  colored  children,  and  report  the 
same  to  the  board  of  county  commissioners  of  his  county,  and  in  like  man- 
ner report  such  facts,  when  any  other  district  in  his  county  may  desire  to 
establish  such  separate  schools.  (L.  1901,  p.  206.) 


Sec.  12.  (8804.)  County  Commissioners — Duties  of— Advertisement  for 
Bids — Letting  Contract. — If  upon  the  receipt  of  such  report  the  board  of 
county  commissioners  of  such  county  find  from  such  report,  or  any  other 
legal  evidence  that  they  may  desire  to  consider,  that  any  of  such  districts 
so  maintaining  or  that  are  entitled  under  this  act  or  existing  law,  to  main- 
tain separate  schools  for  white  and  colored  children  have  not  furnished  or 
acquired  a  school  building  for  that  class  of  children,  either  white  or  colored, 
that  are  fewer  in  number  in  said  district,  and  that  such  children  cannot 
be  transferred  to  adjoining  districts  as  provided  herein,  then  such  board 
of  county  commissioners  shall  cause  the  county  superintendent  of  schools 
of  such  county  to  file  with  them  a  statement  in  writing,  with  the  specifi- 
cations of  the  kind  of  school  house  needed  by  the  class  of  children  that 
are  fewer  in  number  in  said  district;  and  when  such  board  of  county  com- 
missioners have  settled  the  plans  and  specifications  for  such  building,  suit- 
able in  their  judgment  for  such  purpose,  they  shall  advertise  for  bids  for 
the  construction  of  such  building  by  notice  posted  in  such  district  and  pub- 
lished at  least  four  consecutive  weeks  in  a  newspaper  published  in  su-ch 
county,  if  any  be  published  therein,  and  if  no  newspaper  be  published  in 
such  county,  then  by  posting  public  notices  in  said  school  district,  and  at 
five  other  public  places  in  said  county;  and  such  contract  shall  be  let  to  the 
lowest  bidder  in  the  same  manner  as  other  contracts  are  let,  and  the  board 
of  county  commissioners*  shall  take  proper  bonds  for  the  performance  there- 
of. Such  building,  when  completed  and  accepted  by  such  board  of  county 
commissioners  shall  be  paid  for  by  them  by  warrants  drawn  by  them  on  the 
separate  school  fund  of  such  county.  (L.  1901,  p.  206.) 

Sec.  13.  (8205-S.)  Furniture  and  Equipments. — The  school  districts  shall 
furnish  all  schools  with  the  same  kind  of  furniture  and  equipments  and  give 
equal  school  facilities  to  both  white  and  colored  children  at  the  expense  of 
such  school  district,  except  as  otherwise  provided  in  this  act.  (L.  1901, 
p.  207.) 

Sec.  14.  (8206-S.)  School  Funds. — That  all  school  funds  except  the  county 
separate  school  fund  apportioned  to  such  district  shall  be  carried  to  the 
regular  account  of  such  district.  (L.  1901,  p.  207.) 

Sec.  15.  (8207-S.)  School  Board  to  Employ  Teachers. — The  school  board 
of  such  district  shall  employ  all  teachers,  furnish  equal  school  terms  for  all 
schools  in  their  districts  with  teachers  with  equal  qualifications  as  far 
as  practicable;  but  no  white  person  shall  teach  a  colored  school,  or  colored 
person  teach  a  white  school.  (L.  1901,  p.  208.) 

Sec.  16.  (8208-S.)  Teachers — How  Paid— School  Buildings  and  Sites- 
Repairs,  Etc. — The  teachers  of  the  schools  for  that  class  of  children,  either 
white  or  colored,  that  are  fewer  in  numbers  in  any  district  having  sepa- 
rate schools  shall  be  paid  out  of  the  county  separate  school  fund;  and  for 
such  purpose  the  school  district  board  shall  draw  their  warrant  on  the 
county  clerk  of  their  county  in  favor  of  the  teachers  of  such  separate 
schools  in  such  districts  and  the  county  clerk  shall  draw  his  warrant  on 
the  county  treasurer  for  such  amount,  which  shall  be  paid  out  of  the  sep- 
arate school  fund  of  such  county  in  the  order  of  its  registration  and  pre- 
sentation: Provided,  However,  The  county  clerk  shall  not  draw  on  said 
separate  school  fund  for  any  greater  amount  for  teachers  employed  for  any 
district  than  is  paid  the  like  number  of  teachers  for  the  like  time  by  the 
school  district  for  teaching  in  the  other  schools  of  said  district:  Provided, 
That  no  contract  shall  be  let  or  allowance  be  made  for  building  such 
house  in  any  sum  in  excess  of  the  moneys  or  bonds  of  such  district  ex- 
pended for  the  building  of  a  school  house  in  such  district  for  the  children 
of  the  other  class:  Provided,  Further,  That  such  school  house  so  built  by 


the  county  may  be  built  in  any  part  of  said  district  which  in  the  judgment 
of  the  board  of  county  commissioners  will  be  most  convenient  to  the  great- 
est number  of  children  for  whom  it  is  intended;  and  for  such  purpose,  such 
board  of  county  commissioners  may  receive  title  to  a  proper  school  site, 
by  gift,  purchase,  or  proceedings  to  condemn  the  same  in  the  same  manner 
and  with  like  effect  as  when  such  actions  are  brought  by  school  districts. 

Such  county  shall  not  be  at  any  other  or  further  "expense  on  account 
of  such  building;  but  the  school  district,  at  its  own  expense,  shall  keep 
such  house  in  repair  and  rebuild  the  same  if  destroyed.  The  county  shall 
be  at  no  expense  on  account  of  school  houses,  or  repairing,  where  districts 
at  the  passage  of  this  act  have  s-chool  house  or  houses  for  that  class  of  chil- 
dren, white  or  colored,  that  are  the  fewer  in  numbers  in  such  district. 
(L.  1901,  p.  208.) 

Sec.  17.  (8209-S.)  District  Boards  to  Settle  With  County  Commissioners— 
When — Failure  to  Make  Settlement— Penalty.— That  at  the  regular  April 
meeting,  each  year,  of  the  board  of  county  commissioners,  the  school  dis- 
trict boards  of  all  school  districts  maintaining  separate  schools  for  white 
and  colored  children  shall  make  a  settlement  with  the  board  of  county  com- 
missioners of  their  counties,  which  settlement  shall  show  the  amount  of 
money  drawn  for  them  out  of  such  separate  school  fund  and  such  other 
facts  as  the  board  of  of  -county  commissioners  may  desire  to  know,  and  file 
therewith  a  statement  of  their  needs  for  the  ensuing  year;  and  any  school 
board  that  fails  to  make  such  settlement  before  the  time  to  estimate  the 
levy  for  annual  taxes,  shall  be  required  to  pay  their  own  expenses,  of  all 
kinds  for  separate  school  for  the  next  ensuing  year.  (L.  1901,  p.  209.) 

Sec.  18.  (8210-S.)  District  Clerk,  County  Clerk,  and  County  Treasurer  to 
Keep  Records. — The  school  district  clerk,  -county  clerk  and  county  treasurer 
shall  keep  proper  and  full  records  showing  the  condition  of  such  separate 
school  fund,  and  each  of  such  officers  shall  preserve  all  vouchers,  warrants 
and  other  orders  pertaining  to  such  fund  and  belonging  to  their  respective 
offices.  (L.  1901,  p.  209.) 


SECTION 


ARTICLE  XV. 

Teachers  and  Certificates. 

SECTION 

Third  Grade. 


7.  Certificates  —  Grades  —  When  Valid. 

8.  Temporary — When  Granted. 

9.  Issuing — Providing  Penalty. 


-.  .County  Examiners. 

2.  'Examinations. 

3.  Grades  of  Certificates. 

4.  , First  Grade. 

5.  Second  Grade. 

Sec.  1.  (8211-S.)  County  Examiners. — In  each  county  there  shall  be  a 
board  of  county  examiners  composed  of  the  county  superintendent,  who 
shall  be  ex-officio  chairman  of  the  board,  and  two  competent  persons,  hold- 
ers of  first  grade  certificates,  or  of  State  'Certificates,  or  of  diplomas  from 
some  State  University,  Normal  or  Agricultural  College,  who  shall  be  ap- 
pointed by  the  county  superintendent  and  shall  serve  from  the  time  of  their 
respective  appointments  until  their  successors  are  appointed  and  each  of 
whom  shall  receive  for  his  services  the  sum  of  three  dollars  per  day,  not 
to  exceed  five  days  in  any  one  quarter  of  the  year.  (L.  1903,  p.  255.) 

Note. — This  means  that  each  one  of  the  three  members  is  entitled  to 
remuneration  at  the  rate  of  three  dollars  per  day. 

Sec.  2.  (8112-S.)  Examinations. — The  board,  two  of  whom  shall  constitute 
a  quorum,  shall  on  the  the  last  Thursday  and  Friday  of  January,  October, 
April  and  at  the  close  of  the  county  normal  institute  only  at  such  places 
as  may  be  designated  by  the  chairman  (who  shall  give  ten  days  notice  of 
examination)  publicly  examine  all  persons  proposing  to  teach  in  the  pub- 
lic schools  of  the  county  as  to  their  competency  to  teach  in  the  branches 
prescribed  by  law  and  such  board  of  examiners  shall  issue  certificates  as 
hereinafter  provided,  to  all  such  applicants  as  shall  pass  the  required  ex- 
amination and  satisfy  the  board  as  to  their  good  moral  character  and  their 
ability  to  teach  and  govern  successfully.  (L.  1905,  p.  367.)) 

Sec.  3.  (8213-S.)  Grades  of  Certificates  to  be  Issued. — Certificates  issued 
by  the  county  board  shall  be  of  three  grades,  first,  second  and  third,  and 
shall  continue  in  force  respectively  three  years,  two  years  and  one  year. 
(S.  1903,  S.  5816.) 

Sec.  4.  (8214-S.)  First  Grade  Certificates. — Certificates  of  the  first  grade 
shall  certify  that  the  person  to  whom  issued  is  proficient  in  and  fully  quali- 
fied to  teach  orthography,  reading,  writing,  English  grammar,  composition, 
geography  arithmetic,  United  States  history,  bookkeeping,  physiology  and 
hygiene,  the  theory  and  practice  of  teaching,  civil  government,  elements 
of  natural  philosophy;  and  shall  not  be  issued  to  persons  under  twenty 
years  of  age,  nor  to  such  as  have  not  taught  successfully  twelve  school 
months;  Provided,  That  no  person  who  receives  a  first  grade  certificate 
shall  make  a  general  average  of  less  than  ninety  per  cent,  and  in  no  case 
shall  a  person  receive  a  certificate  of  the  first  grade  who  shall  fall  below 
seventy  per  cent  in  any  one  branch.  (L.  1897,  p.  273.) 

Further  Amended  by  Laws  of  1908 — S.  B.  109  as  follows: 

After  July  1st,  1909,  no  person  shall  teach  and  no  certificate  will  be 
granted  to  an  applicant  to  teach,  in  the  public  schools  receiving  aid  from 
this  State,  who  has  not  passed  a  satisfactory  examination  in  the  elements 
of  agriculture  and  allied  branches  mentioned  in  this  Act.  (L.  1908 — S.  B. 
No.  109,  p.  15.) 

Note  I.  According  to  Sec.  2  of  S.  B.,  No.  109,  of  the  Laws  1908,  the  al- 
lied branches  are  horticulture,  animal  husbandry,  stock  raising,  forestry, 
building  country  roads;  and  domestic  science  including  the  elements  of 
economics.  (See  Laws  of  1908,  page  14,  Sec.  2.) 

Note.  II.  The  State  board  of  education  recommends  that  the  examina- 
tion in  U.  S.  history  be  made  to  include  Oklahoma  history  and  that  civil  gov- 


eminent  be  made  to  include  Oklahoma  constitution.  The  board  also  rec- 
ommends that  public  school  music  and  drawing  be  added  to  the  list  of  re- 
quirements for  certificates  of  all  grades.  The  subjects  of  agriculture  and 
domestic  science  are  required  for  ail  grades  of  certificates.  (By  S.  B.  103, 
L.  1908.) 

Sec.  5.  (8215-S.)  Second  Grade. — Certificates  of  the  second  grade  may 
be  issued  to  persons  not  less  than  eighteen  years  of  age,  who  shall  fully 
satisfy  the  board  as  to  their  ability  to  teach  all  the  branches  prescribed 
for  first  grade  certificates,  except  bookkeeping  and  the  elements  of  natural 
philosophy,  and  who  have  taught  successfully  three  school  months:  Pro- 
vided, That  no  person  who  receives  a  second  grade  certificate  shall  make 
a  general  average  of  less  than  eighty  per  cent,  and  in  no  case  shall  a  per- 
son receive  a  certificate  of  the  .second  grade  who  falls  below  sixty  per  cent 
in  any  one  branch.  (L.  1897,  p.  274.) 

Sec.  6.  (8216-S.)  Third  Grade. — Certificates  of  the  third  grade  shall  cer- 
tify that  the  person  to  whom  issued  is  not  under  sixteen  years  of  age  and 
is  proficient  in  and  fully  qualified  to  teach  all  the  branches  prescribed  for 
a  second  grade  certificate  except  civil  government,  and  has  made  an  average 
of  not  less  than  seventy  per  cent,  and  not  below  fifty  per  cent  in  any  one 
branch,  and  no  third  grade  certificate  shall  be  issued  more  than  twice  to  the 
same  person.  (L.  1897,  p.  274.) 

Sec.  7.  (8217-S.)  Certificates— Grades— Where  Valid.— That  no  third 
grade  'Certificate  shall  be  in  force  except  in  the  county  in  which  it  is  is- 
sued: Provided,  That  the  county  superintendent  shall  endorse  the  unex- 
pired  first  grade  certificate  issued  in  any  other  county  and  all  second  grade 
certificates  shall  be  endorsed  by  the  county  superintendent  of  any  county 
adjoining  the  county  in  which  said  second  grade  certificate  was  issued, 
which  certificate  shall  thereby  be  valid  in  the  county  in  which  such  en- 
dorsement is  made  for  the  unexpired  term  of  the  -certificate.  A  certificate 
issued  under  this  Act  may  be  revoked  by  the  board  of  examiners  on  the 
ground  of  immorality  or  for  any  other  cause  that  would  have  justified  the 
withholding  thereof,  when  the  same  was  granted.  (L.  1907-8,  p.  688.) 

Note. — This  repeals  the  former  laws  on  the  subject  of  indorsing  cer- 
tificates. The  fee  for  indorsement  is  two  dollars. 

Sec.  8.  (8218-S.)  Temporary  Certificates. — The  county  superintendent 
upon  request  made  in  writing  by  any  district  board,  and  after  satisfying 
himself  by  examination  of  the  ability  or  proficiency  of  the  applicant,  may 
grant  a  temporary  certificate  in  case  of  necessity,  valid  only  in  the  desig- 
nated district,  and  valid  only  until  the  next  regular  examination  by  the 
county  board  of  examiners:  Provided,  That  no  such  temporary  certificate 
shall  be  granted  to  any  applicant  who  has  failed  in  examination  at  any  reg- 
ular meeting  of  the  board,  nor  shall  such  certificate  be  granted  twice  to  the 
same  person:  Provided,  Further,  That  the  county  superintendent  shall  not 
be  compelled  to  charge  for  the  issuance  of  temporary  certificates.  (L.  1897, 
p.  274.) 

Note. — The  fee  for  temporary  -certificates  should  not  exceed  two  dollars. 

Sec.  9.  (8219-S.)  Issuing  Certificates  Unlawfully— Penalty.— No  certi- 
cate  shall  be  issued  by  any  county  board  or  county  superintendent,  except 
upon  examination  as  provided  in  this  act,  and  the  county  superintendent 
or  the  county  board  of  examiners  who  violate  any  of  the  provisions  of  this 
act  by  issuing  a  certificate  except  as  provided  in  this  act,  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon  conviction  fined  in  the  sum  of  not  less 
than  one  hundred  dollars  nor  more  than  five  hundred  dollars.  (L.1893,  S. 
5822.) 

Sec.  10.  Renewal  of  Certificates,  See  Art.  XIII.,  Sec.  8,  Normal  insti- 
tute. 

—67— 


ARTICLE    XVI. 
Compulsory   Education. 


SECTION 

1.  What  'Unlawful — Duty  of  Parent. 

2.  Duty  of  Board  of  Education  Report. 

3.  Where  Parent  is  Indigent. 


SECTION 

4.     Widowed  Mothers. 

.*>.     Violation — Penalty 


Sec.  1.  (8220-S.)  What  Unlawful — Duty  of  Parent. — It  shall  be  unlawful 
for  any  parent  or  guardian  living  in  the  State  of  Oklahoma,  to  neglect  or 
to  cause,  or  compel  any  person  or  persons  who  are,  or  may  be,  under  their 
control  as  children  or  wards,  to  attend  and  comply  with  the  rules  of  some 
public,  private  or  other  school  or  schools,  unless  other  means  of  educa- 
tion are  provided  for  a  term  of  from  three  to  six  months,  in  the  discretion 
of  the  school  district  board  or  boards  of  education  of  cities  of  the  first 
class,  the  term  to  be  fixed  by  general  order  at  the  annual  school  meeting, 
which  shall  apply  to  all  children  in  the  district,  each  successive  year  from 
the  time  said  children  or  wards  are  eight  years  old  until  they  are  sixteen 
years  old,  unless  they  are  prevented  by  mental  or  physical  disability;  the 
question  of  disability  being  determined  by  the  board;  or  by  a  certificate 
to  that  effect  from  a  duly  licensed  and  practicing  physician,  or  by  reason 
of  having  already  become  proficient  in  the  standard  studies  from  attendance 
upon  such  private,  public  or  other  school  or  schools  and  provided  that  in 
such  case  they  shall  be  excused  by  the  superintendent  of  a  public,  private 
or  other  school  or  by  the  board  of  education  of  the  school  district  in  which 
said  children  or  wards  may  live  at  the  time  of  such  failure  to  attend  such 
public,  private  or  other  school  or  schools.  (L.  1907-8,  p.  393.) 

Sec.  2.  (8221 -S.)  Duty  of  Board  of  Education. — It  shall  be  the  duty  of 
the  board  of  education  of  each  school  district  to  furnish  to  the  superinten- 
dent of  all  public,  private  or  other  schools  in  cities,  or  the  teachers  in  other 
districts,  at  the  beginning  of  the  first  term  of  each  school,  a  list  containing 
the  names  of  all  the  children  residing  within  the  district  who  are  between 
eight  and  sixteen  years  of  age,  and  to  require  a  report  from  the  superin- 
tendent of  all  public,  private  or  other  schools  in  cities,  or  the  teachers  in 
other  districts,  not  less  than  fourteen  nor  more  than  twenty-six  weeks  be- 
fore the  close  of  the  last  term  of  school  for  the  year;  which  report  shall 
contain  the  names  of  all  the  children  between  eight  and  sixteen  years  of 
age  who  have  attended  said  school  and  the  period  of  such  attendance.  Im- 
mediately upon  receipt  of  this  report,  the  board  of  education  shall  give 
written  notice  to  the  parent,  guardian  or  custodian  of  such  child,  or  chil- 
dren, who  have  not  complied  with  the  provisions  of  this  act;  that  the  at- 
tendance of  such  child  or  children  is  required  at  some  public,  private  or 
other  school;  and  if  within  five  days  such  parent,  guardian  or  custodian 
of  such  child  or  children  does  not  comply  with  the  provisions  of  thii  act, 
then  the  board  of  education  shall  make  -complaint  against  such  parent, 
guardian  or  custodian  of  such  child  or  children,  before  any  justice  of  the 
peace,  or  other  court  having  competent  jurisdiction,  -for  the  violation  of 
the  provisions  of  this  act:  Provided,  That  in  cities  or  incorporated  towns 
or  villages  the  board  of  education  may  appoint  one  or  more  truant  officers 
whose  duty  it  shall  be  to  enforce  the  provisions  of  this  act  in  the  manner- 
provided  herein.  (L.  1907-8,  p.  393.) 

Sec.  3.  (8222-S.)  When  Parent  is  Indigent. — If  any  parent,  guardian  or 
custodian  of  any  child  or  children  is  financially  unable  to  furnish  such 
child  or  children  with  the  necessary  books  with  which  to  attend  school, 
then  the  county  superintendent  of  public  instruction  of  the  county  where 
such  parent  or  guardian  or  custodian  resides,  shall  furnish  upon  the  rec- 

'   —68— 


ommendation  of  the  school  district  board,  tjr  board  of  education  of  cities 
of  the  first  class,  books  for  such  purpose  to  such  child  or  children,  which 
books  shall  be  furnished  and  paid  upon  the  certificate  of  such  officer  by 
the  board  of  county  commissioners  of  said  county.  (L.  1907-8,  p.  394.) 

Sec.  4.  (8223-S.)  Widowed  Mothers. — If  any  widowed  mother  shall  make 
affidavit  to  the  effect  that  the  wages  of  her  child  or  children,  under  six- 
teen years  of  age  are  necessary  to  the  support  of  such  widowed  mother, 
then  the  -county  superintendent  of  public  instruction  may,  after  careful 
investigation,  in  his  discretion,  upon  the  recommendation  of  the  school  dis- 
trict board,  or  boards  of  education  of  cities  of  the  first  class,  furnish  such 
child  or  children  a  -certificate  called  a  scholarship,  stating  the  amount  of 
wages  such  child  or  children  are  receiving,  or  so  much  of  such  wages  as 
shall  be  deemed  necessary  so  long  as  such  child  or  children  shall  attend 
the"  public  school  in  accordance  with  the  provisions  of  this  act;  which  aid 
may  be  allowed  and  paid  upon  the  certificate  of  such  county  superintendent 
of  public  instruction  to  the  child  or  children  holding  such  scholarship,  by 
the  board  of  county  •commissioners  of  the  county  in  which  such  child  or 
children  reside.  (L.  1907-8,  p.  394.) 

Sec.  5  (8224-S.)  Violation — Penalty  for. — Any  person  or  persons  violat- 
ing the  provisions  of  this  act  shall  be  subject  to  a  fine  of  not  less  than  ten 
dollars  nor  more  than  fifty  dollars  for  each  and  every  offense;  said  fine 
shall  be  imposed  by  any  court  having  jurisdiction,  and  all  fines  so  collected 
shall  be  placed  in  the  -common  school  fund  of  the  district  wherein  the  child 
or  children  reside,  as  other  fines  and  penalties  are  paid.  (T..  1907-8,  p.  395.) 


ARTICLE  XVII. 
Miscellaneous. 


SECTION 

1.  Three  Months  School. 

2.  Justices  Shall  Have  Jurisdiction. 

3.  Penalty  for  Destroying  Property. 

4.  Tax  Levy  for  Library  Fund — Duties  of 

the  Board. 

5.  List  of  Books  Furnished. 

6.  U.  S.  Flag  to  be  Displayed. 

7.  Board  of  Education  shall  Purchase. 

8.  Violation — Penalty  for. 

9.  Teaching  Ethics. 

10.  Humanity. 

11.  Vivisection  Prohibited. 

12.  Duty  of  School  Officers. 


SECTION 

13.  Penalty. 

14.  Distance. 

15.  Consent  of  School  iBoard. 

16.  Consent  of  Adjoining  Districts. 

17.  County  Superintendent. 

18.  Money  Appropriated. 

19.  Notice  to  County  Clerk. 

20.  Apportion  School  Tax. 

21.  Temporary  Transfer. 

22.  One  Year. 

23.  Sinking  Fund. 

24.  Violation  of  Act — Misdemeanor. 


Sec.  1.  (8225-S.)  Three  Months'  School.— That  in  all  school  districts 
where  there  is  a  good  and  sufficient  school  building  a  school  shall  be  main- 
tained for  a  period  of  not  less  than  three  months  between  the  first  day  of 
October  and  the  first  day  of  June  in  each  year.  (S.  1893,  S.  5888.) 

Sec.  2.  (8226-S.)  Justices  Shall  Have  Jurisdiction. — Justices  of  the  peace 
shall  have  jurisdiction  in  all  cases  in  which  a  school  district  is  a  party  in- 
terested when  the  amount  claimed  by  the  plaintiff  does  not  exceed  his  juris- 
diction as  provided  by  statute,  and  the  parties  shall  have  the  right  of  ap- 
peal as  in  other  cases,  and  all  fines  and  penalties  not  otherwise  provided 
for  in  this  act,  shall  be  collected  by  an  action  in  any  court  of  competent 
jurisdiction.  (S.  1893,  S.  5894.) 

Sec.  3.  (8227-S.)  Penalties  for  Destroying  Property. — Every  person  who 
shall  willfully  injure  or  destroy  any  building  used  as  a  school  house  or  for 
other  educational  purposes,  or  any  furniture  or  apparatus  tnereto  belonging, 
or  Who  shall  deface,  mar  or  disfigure  any  such  building,  furniture  or  fix- 
tures by  writing,  painting,  cutting  or  pasting  thereon  any  likeness,  figures, 
words  or  devices,  shall  be  fined  in  a  sum  not  less  than  ten  nor  more  than 
fifty  dollars  for  each  offense  above  named  to  be  in  addition  to,  and  not  in 
lieu  of,  the  punishment  provided  by  the  statute  regulating  crimes  for  such 
offenses,  and  all  fines  so  collected  shall  be  paid  into  the  county  treasury 
for  the  support  of  the  common  schools.  (S.  1893,  S.  5895.) 

Sec.  4.  (8228-S.)  Tax  Levy  for  Library  Fund — Duties  of  the  Board. — 
That  hereafter,  at  the  time  provided  by  law  for  making  and  certifying  the 
annual  levy  for  taxes  for  school  purposes  each  year,  except  as  hereinafter 
provided,  the  district  board  of  each  school  district  and  the  board  of  edu- 
cation of  each  city  or  town  in  Oklahoma,  shall  designate,  set  apart  and  ap- 
propriate out  of  the  district  fund,  a  sum  of  money  as  a  library  fund,  to  be 
used  in  the  purchase  of  books  and  periodicals  for  a  public  library  for  such 
district,  *city  or  town,  as  follows:  In  districts  employing  one  teacher,  not 
less  than  five  nor  more  than  ten  dollars  each  year;  in  districts  employing 
more  than  one  and  less  than  four  teachers,  not  less  than  ten  nor  more  than 
twenty-five  dollars  each  year;  in  districts  employing  more  than  three  teach- 
ers, not  less  than  twenty-five  nor  more  than  fifty  dollars  each  year;  cities 
of  the  first  class,  not  less  than  fifty  nor  more  than  one  hundred  dollars 
each  year.  The  board  of  education  of  each  city  or  town,  and  the  district 
board  of  each  school  district,  except  as  hereinafter  provided,  shall  certify 
the  appropriation  herein  provided  to  the  county  clerk,  and  the  county  clerk 
shall  note  the  appropriation  on  the  tax  rolls  and  certify  the  same  to  the 
county  treasurer,  and  he  shall  set  apart. the  sum  so  designated  to  the  credit, 
of  the  district,  city  or  town  appropriating  the  same,  as  a  library  fund:  Pro- 
vided, That  districts  in  which  the  maximum  levy,  together  with  all  other 


school  funds  do  not  yield  a  revenue  sufficent  to  support  a  four  months' 
term  of  school,  during  any  school  year,  shall  not  be  subject  to  the  provisions 
of  this  act.  (L.  1899,  p.  228.) 

Sec.  5.  (8229-S.)  List  of  Books  Furnished.— The  county  board  of  ex- 
aminers of  each  county  shall,  within  thirty  days  after  the  passage  of  this 
act,  furnish  each  county  superintendent  in  Oklahoma  a  list  of  reference, 
and  literary  books,  together  with  the  list  price  of  each,  and  the  price  at 
which  they  may  be  purchased,  as  near  as  possible,  which  list  shall  designate 
the  order  of  purchase  and  shall  govern  the  order  of  purchasing,  so  far  as 
the  funds  will  permit,  and  the  county  superintendent  shall,  within  thirty 
days  thereafter,  mail  to  the  secretary  of  each  district  board  in  their  re- 
spective counties  the  list  of  books  furnished  as  herein  provided,  together 
with  prices  and  other  information  and  instruction  for  carrying  out  the  pro- 
visions of  this  act.  The  county  board  of  examiners  shall,  at  periods  of 
not  longer  than  two  years  thereafter,  furnish  additional  lists  of  suitable 
books  and  periodicals  to  be  a  guide  to  future  purchases  by  district  boards. 
All  purchases  under  this  act  shall  follow  the  order  given  by  the  county 
board  of  examiners  so  far  as  the  funds  will  permit,  unless  the  lists  in- 
clude books  already  in  the  library  of  such  school.  No  district  board,  or 
board  of  education,  shall  -contract  or  pay  in  warrants,  or  otherwise,  more 
than  the  lowest  wholesale  price  of  the  books  purchased  under  this  act,  and 
any  and  all  warrants  issued  in  excess  of  this  sum  shall  be  void  as  to  the 
excess.  (L.  1899,  p.  228.) 

Sec.  6.  (8230-S.)  U.  3.  Flags  to  be  Displayed. — Every  board  of  educa- 
tion of  every  school  district  board  within  this  State  shall  be  required  to 
own  and  display  within  the  school  house  a  United  States  flag.  (L.  1905, 
p.  368.) 

Sec.  7.  (8231-S.)  Board  of  Education  Shall  Purchase. — Every  school  dis- 
trict board  or  board  of  education  shall  purchase  said  flag  described  in 
Section  one  of  this  act  with  any  moneys  derived  for  school  purposes  not 
otherwise  specifically  appropriated.  (L.  1905,  p.  369.) 

Sec.  8.  (8232-S.)  Violation — Penalty  for. — Any  person  charged  with  the 
duty  imposed  by  this  act  who  shall  fail  to  comply  with  the  requirements 
of  the  same,  or  shall  violate  this  law,  shall  be  deemed  guilty  of  a  misde- 
meanor and  upon  conviction  thereof  shall  be  fined  in  any  sum  not  less 
than  ten  dollars  nor  more  than  one  hundred  dollars.  (L.  1905,  p.  369.) 
Sec.  9.  (8233-S.)  Teaching  Ethics. — That  in  each  and  every  public  school 
it  shall  be  the  duty  of  each  and  every  teacher  to  teach  morality  in  the 
broadest  meaning  of  the  word,  for  the  purpose  of  elevating  and  refining 
the  character  of  school  children  up  to  the  highest  plane  of  life;  that  they 
may  know  how  to  conduct  themselves  as  social  beings  in  relation  to  each 
other  as  respects  right  and  wrong  and  rectitude  of  life,  and  thereby  les- 
sen wrong-doing  and  crime.  (L.  1905,  p.  378.) 

Sec.  10.  (8234-S.)  Humanity. — In  each  and  every  public  school,  in  ad- 
dition to  the  other  branches  of  study  now  prescribed,  not  less  than  one- 
half  hour  of  each  week,  during  the  whole  of  each  term  of  school,  shall  be 
devoted  to  teaching  the  school  children  attending  said  school  kindness  to 
and  humane  treatment  and  protection  of  dumb  animals  and  birds;  their' 
lives  and  usefulness,  and  the  important  part  they  are  intended  to  fulfill 
in  the  economy  of  nature,  and  such  studies  on  the  subject  as  the  board 
of  public  education  may  adopt.  •"(£..  1905,  p.  378.) 

Sec.  11.  (8235-S.)  Vivisection  prohibited.— That  no  experiments  upon 
any  living  creature  shall  be  permftted  in  any  public  school  within  the 
State  of  Oklahoma.  (L.  1905,  p.  379.) 

Sec.  12..  (8236-S.)  Duty  of  School  Officers.— It  shall  be  the  duty  of 
the  superintendent  of  public  instruction  for  Oklahoma,  the  superinten- 

—71— 


dent  of  public  instruction  of  each  county,  the  superintendent  of  public 
schools  of  each  .city,  and  the  principal  of  each  and  every  public  school  in 
said  State  to  see  that  the  provisions  of  Sections  (8233,  8234  and  8235)  of 
this  act  are  strictly  complied  with  in  the  public  schools  under  his  super- 
vision. (L.  1505,  p.  379.) 

Sec  13.  (8237-S.)  Penalty. — iNo  teacher  in  the  public  schools  of  the 
State  of  Oklahoma  shall  be  entitled  to  receive  any  portion  of  the  pub- 
lic school  moneys  as  compensation  for  services,  unless  such  teacher  shall 
have  complied  with  the  provisions  of  this  a^t.  (L.  1905,  p.  379.) 

Sec.  14.  (8238-S.)  Transfers. — When  by  reason  of  too  great  distance 
from  school  or  impassability  of  the  roads  it  is  better  for  scholars  in  one 
district  to  attend  school  in  an  adjoining  one,  a  temporary  transfer  can  be 
made  in  the  following  manner:  (L.  1905,  p.  381.) 

Sec.  15.  (8239-S.)  Consent  of  School  Board.  — The  consent  of  a  majority 
of  the  school  board  in  the  home  district  must  be  obtained.  (L.  1905,  p.  381.) 

Sec.  16.  (8240-S.)  Consent  of  Adjoining  Board. — The  consent  of  a  ma 
jority  of  the  school  board  in  the  district  to  which  the  parties  wish  to  be 
transferred  must  be  obtained.  (L.  1905,  p.  381.) 

Sec.  17.  (8241-S.)  County  Superintendent. — When  the  county  superin- 
tendent is  satisfied  that  the  above  conditions  are  complied  with  he  or  she 
may  order  the  transfer.  (L  .1905,  p.  381.) 

Sec.  18.  (8242-S.)  Money  Appropriated. — When  the  county  superin- 
tendent permits  the  temporary  transfer  of  scholars  from  one  school  dis- 
trict to  another  he  must  apportion  the  State,  county  and  district  school 
money  appropriated  to  the  person  so  transferred  to  the  district  to  which 
transfer  is  made.  (L.  1905,  p.  381.) 

Sec.  19.  (8243-S.)  Notice  to  County  Clerk.— He  must  also  notify  the 
county  clerk  and  county  treasurer  of  the  same.  (L.  1905,  p.  382.) 

Sec.  20.  (8244-S.)  Apportion  School  Tax. — When  the  county  clerk  re- 
ceives notice  of  a  temporary  transfer  of  scholars  from  one  district  to  an- 
other he  must  apportion  the  school  district  tax  to  the  school  district 
transferred  to.  (L.  1905,  p.  382.) 

Sec.  21.  (8245-S.)  Temporary  Transfer. — All  temporary  transfers  of 
scholars  from  one  district  to  another  must  be  made  at  least  ten  days  prior 
to  the  annual  school  meeting.  (L.  1905,  p.  382.) 

Sec.  22.  (8246-S.)  One  Year. — Temporary  transfers  of  scholars  from  one 
school  district  to  another  shall  only  be  for  one  year.  (L.  1905,  p.  382.) 

Sec.  23.  (8247-S.)  Sinking  Fund. — If  by  any  reason  of  bonded  indebted- 
ness any  school  district  by  this  act  shall  have  a  sinking  fund,  the  county 
clerk  shall  retain  in  the  home  district  the  tax  levied  for  that  purpose. 
(L.  1905,  p.  382.) 

Sec.  24.  (8248-S.)  Violation  of  Act — Misdemeanors. — That  any  member 
of  any  school  district  board  or  county  clerk  or  county  treasurer  who  shall 
violate  any  of  the  provisions  of  this  act  shall  be  guilty  of  misdemeanor 
and  upon  conviction  shall  be  punished  by  a  fine  of  not  less  than  one  hun- 
dred nor  more  than  five  hundred  dollars.  (L.  1905,  p.  382.) 


Sec.  25.  (8424-S.)  Floral  Emblem. — That  the  mistletoe  be  hereby  des- 
ignated and  adopted  as  the  floral  emblem  of  the  State  of  Oklahoma.  That 
this  act  be  immediately  in  force  upon  its  passage  and  approval.  (S.  1893, 
S.  5990.) 

Sec.  26.  (135-S.)  Disposition  of  Estrays — Proceeds  for  School  Fund. — 
Immediately  after  the  sale  of  any  estray  the  taker  up  shall  endorse  the 
fact  of  such  sale  upon  the  certificate  issued  to  him  by  the  clerk  (county 

—72— 


clerk),  and  shall  return  such  certificate  to  the 'clerk  who  shall  note  the 
fact  in  connection  with  the  other  entries  required  by  this  Act  to  have  been 
previously  noted  by  him  in  regard  to  such  estray.  At  the  same  time  the 
taker-up  shall  pay  into  the  county  treasury,  for  the  use  and  benefit  of  the 
county  school  fund,  one-half  of  the  proceeds  of  said  sale,  after  first  de- 
ducting from  such  proceeds  the  <costs  actually  incurred  by  him  in  making 
the  affidavits,  publishing  the  notices,  and  in  having  the  counfy  clerk  make 
the  entries  and  issue  the  certificate  required  by  this  Act.  (L.  1893,  p  63.) 

Sec.  27.  (2852-S.)  Fines  to  be  Paid  Into  the  School  Fund-— Amendatory 
Act. — All  fines,  forfeitures  and  pecuniary  penalties  prescribed  as  a  punish- 
ment by  any  of  the  provisions  of  this  Chapter  (Chap.  25,  Art.  59,  Sec.  50, 
Statutes  of  Oklahoma),  when  collected  shall  be  paid  into  the  treasury  and 
credited  to  the  school  fund  of  the  county  where  such  fines  are  collected. 
(L.  1897,  p.  141.) 

Sec.  28.  (3339  S.)  Proceeds  From  Escheats  to  Go  to  School  Fund. — In  all 

cases  where,  by  reason  of  the  provisions  of  Section  two,  Article  twenty- 
two  of  the  Constitution  of  this  State,  the  title  to  any  real  property  in  the 
State  shall  fail  to  vest  in  the  grantee  under  any  deed,  bond,  contract,  or 
will,  or  other  instrument  of  conveyance,  or  shall  fail  to  vest,  in  the  grantee 
under  any  deed,  bond,  contract  or  will,  or  other  instrument  of  conveyance, 
or  shall  fail  to  vest,  or  be  transmitted  under  any  law  of  inheritance  or  suc- 
cession of  this  State,  or  where  once  having  vested  the  holder  of  such 
title  shall  become  incapable  of  returning  the  same,  all  such  real  estate 
in  all  such  cases  shall  be  subject  to  escheat  to  the  State  of  Oklahoma,  and 
the  proceeds  arising  from  the  sale  thereof  by  the  State  shall  go  to  the 
public  school  fund  of  such  county  in  which  such  real  estate  is  situated,  less 
the  amount  to  be  fixed  by  the  court  where  such  escheat  proceedings  are 
had  covering  cost  of  such  proceedings  including  -compensation  to  the  per- 
son giving  information  upon  which  such  escheat  proceedings  may  be  based 
and  prosecuted.  That  every  transfer  made  in  trust  for  any  such  corpora- 
tion mentioned  in  said  Section  two,  Article  twenty-two  of  the  State  Con- 
stitution, either  secretly  or  otherwise,  made  to  evade  such  provision  of  the 
Constitution,  shall  be  deemed  within  the  provisions  of  this  Act.  (L.  1907- 
8,  p.  388,  Sec.  2.) 


—73— 


ARTICLE  XVIII. 
Arbor  Culture. 


SECTION 

1.     Arbor  Day. 


SECTION 

2.     School  Exercises. 


Sec.  1.  (39-S.)  Arbor  Day. — The  Friday  following  the  second  Monday  in 
March  of  each  year  shall  be  hereafter  known  throughout  Oklahoma  as  Ar- 
bor Day.  (L.  1901,  p.  62.) 

Sec.  2.  (40-S.)  School  Exercises. — It  shall  be  the  duty  of  the  authorities 
of  the  public  schools  in  this  State  to  assemble  the  pupils  in  their  charge 
on  that  day  in  the  school  buildings,  or  elsewhere,  as  may  be  deemed  proper, 
to  provide  for  and  conduct,  under  the  general  supervision  of  the  county 
superintendent  or  city  superintendent  or  other  chief  officers  having  the 
general  oversight  of  the  public  schools  in  each  county  or  city,  such  exercises 
as  shall  tend  to  encourage  the  planting,  protection  and  preservation  of 
trees  and  shrubs,  and  an  acquaintance  with  the  best  methods  to  be  adopted 
to  accomplish  such  results.  (L.  1901,  p.  62.) 


ARTICLE  XV. 

Teachers  and  Certificates. 


SECTION 

10.  Normal  School  Certificates. 

11.  Normal    Diplomas   Equivalent    to    Life 

Certificates. 

12.  Diplomas  Prior  to  1905  Only  Five   Year 

Certificates. 

13.  May  Be  Re-examined  and  Indorsed. 


SECTION 

14.  Certificates    from    C.  A.  &  N.  University 

for  Colored  People. 

15.  Diploma  a  Five  Year  Certificate. 

16.  University    Diploma    a    Life    Certificate 

—When. 

17.  A.  &  M.  Diploma   a    Permanent  Certifi- 

cate—When. 


Sec.  10.  (8284-S.)  Normal  School  Certificates. — Each  year  at  the  clos- 
ing session  of  the  Normal  Schools  an  examination  shall  be  held  for  a  first, 
second  and  third  grade  certificate  under  the  direction  of  the  State  board 
of  education  in  each  of  the  Normal  schools  and  such  students  as  shall  be 
found  proficient  in  the  branches  required  shall  receive  a  certificate  which 
shall  be  valid  in  any  school  of  the  county  wherein  such  school  is  located: 
Provided,  That  all  applicants  for  such  certificates  shall  pay  a  fee  of  two 
dollars  which  shall  be  added  to  the  institute  fund  in  the  county  in  which 
the  applicant  resides.  (L.  1905,  p.  307.) 

Note. — This  is  probably  amended  by  Sec.  (8214-S.)  and  by  Sec.  (8214-S.) 

Sec.  11.  (8284-S.)  Normal  Diplomas  Equivalent  to  Life  Certificates. — 
Any  student  who  shall  have  completed  the  full  course  of  instruction  in  any 
of  the  normal  schools  shall  receive  a  diploma  which  shall  be  signed  by  the 
president  of  the  institution  and  the  president  and  secretary  of  the  board 
of  regents  and  such  diploma  shall  be  a  life  certificate  valid  in  any  public 
school  of  the  State.  (L.  1905,  p.  307.) 

—74— 


Sec.  12.  (8300-S.)   Diplomas  Prior  to  1905  Only  Five  Year  Certificates.— 

Any  person  having  obtained  a  diploma  from  the  normal  school,  shall  be 
permitted  to  teach  in  any  public  school  for  a  period  of  five  years  from 
date  thereof.  (S.  1893,  S.  4420.) 

Note. — This  is  repealed  by  Sec.  (8284-S.  L.  1905.) 

Sec.  13.  (8301-S.)  May  be  Re-examined  and  Indorsed.— At  the  expira- 
tion of  every  five  years,  a  holder  of  a  normal  school  diploma  may  present 
himself  or  herself  to  the  State  superintendent  of  public  instruction  for 
such  examination  as  may  be  prescribed  and  the  proper  endorsement  of 
said  superintendent  shall  entitle  the  holder  of  such  diploma  to  the  privi- 
lege of  tea/ching  in  any  public  school  for  a  period  of  five  years  as  provided 
in  this  Act.  (S.  1893,  S.  3421.) 

Sec.  14.  (8339-S.)  Certificates  From  C.  A.  &  N.  University  for  Colored 
People. — As  soon  as  any  one  has  attended  the  University  twenty-two  weeks, 
said  person  may  be  examined  in  the  studies  required  by  law,  and  if  it  shall 
appear  that  such  person  possesses  the  learning  and  other  qualifications 
necessary  to  teach  a  common  school,  said  person  shall  receive  a  ceriti- 
cate  authorizing  him  or  her  to  teach  a  common  school.  (L.  1897,  p.  39.) 

Sec.  15.  (8347-S.)  Diploma  a  Five  Year  Certificate. — Any  person  having 
obtained  a  diploma  from  the  normal  department  of  said  (C.  A.  &  N.)  Uni- 
versity, shall  be  permitted  to  teach  in  any  common  school  of  the  State  of 
Oklahoma  for  a  period  of  five  years  from  the  date  thereof,  said  authority 
to  teach  being  subject  to  revocation  for  any  proper  and  sufficient  cause. 
(L.  1897,  p.  41.) 

Sec.  16.  (8259-S.)  University  Diploma  a  Life  Certificate— When.— After 
any  person  has  graduated  at  the  University  (at  Norman)  and  after  such 
graduation  has  successfully  taught  a  public  school  in  this  State  for  16  school 
months,  the  Superintendent  of  public  instruction  shall  have  authority  to 
countersign  the  diploma  of  such  teacher  after  such  examination  as  to  moral 
character,  learning  and  ability  to  teach  as  to  said  superintendent  may  seem 
proper  and  reasonable.  Any  person  holding  a  diploma  granted  by  the  board 
of  regents  of  the  University  of  Oklahoma  certifying  that  the  person  hold- 
ing the  same  is  a  graduate  of  said  University  shall  after  his  diploma  has 
been  countersigned  by  the  superintendent  of  public  instruction  as  afo^- 
said  be  deemed  qualified  to  teach  any  of  the  public  schools  of  this  State 
and  such  diploma  shall  be  a  certificate  of  such  qualifications  until  annul- 
led by  the  superintendent  of  public  instruction.  (S.  1893.  S.  6154.) 

Note. — Two  years'  training  in  pedagogy  and  practice  teaching  may  be 
accepted  in  lieu  of  the  experience  mentioned  above. 

Sec.  17  (85-S.)   A.  &  M.  Diploma  a  Permanent  Certificate — When. — Any 

student  having  completed  the  regular  *four  years'  course  of  study  of  the 
agricultural  and  mechanical  college  and  receiving  a  diploma  from  said  Col- 
lege shall  b.e  granted  a  permanent  teacher's  certificate  of  first  grade  by 
the  State  superintendent  of  public  instruction,  when  application  for  such 
certificate  has  been  duly  made  and  approved  by  the  State  commission  of 
agricultural  and  industrial  education.  (L.  1907-8,  p.  17.) 
*Note. — The  course  referred  to  is  the  normal  course. 


—75— 


SECTION 

1.  Regular   Holidays. 

2.  Additional  Ones. 

3.  Business  Day. 


ARTICLE  XIX. 
Regular  Holidays. 

SECTION 


4.  Next  Business  Day. 

5.  Labor  Day. 

6.  Governor's  Proclamation. 


Sec.  1.  (2954-S.)  Holidays. — (Holidays  are:  Every  Sunday,  the  first  day 
of  January,  the  twenty-second  day  of  February,  the  fourth  day  of  July, 
the  twenty-fifth  day  of  December,  the  thirtieth  day  of  May,  every  day  on 
which  an  election  is  held  throughout  the  State,  and  every  day  appointed 
by  the  president  of  the  United  States,  or  by  the  governor  of  this  State, 
for  a  public  fast,  thanksgiving  or  holiday.  (S.  1890,  S.  2704.) 

Sec.  2.  (2955-S.)  Additional  Holidays.— If  the  first  day  of  January,  the 
twenty-second  day  of  February,  the  fourth  day  of  July,  or  the  twenty-fifth 
day  of  December,  falls  upon  a  Sunday,  the  Monday  following  is  a  holiday. 
(S.  1890,  S.  2705.) 

Sec.  3.  (2956-S.)  Business  Days. — All  other  days  than  those  mentioned 
in  the  last  two  Sections,  are  to  be  deemed  business  days  for  all  purposes. 
(S.  1890,  S.  2706.) 

Sec.  4.  (2957-S.)  Next  Business  Day. — Whenever  any  act  of  a  secular 
nature,  other  than  a  work  of  necessity,  or  mercy,  is  appointed  by  law  or 
contract  to  be  performed  upon  a  particular  day,  which  day  falls  upon  a  hol- 
iday, such  act  may  be  performed  upon  the  next  business  day,  with  the  same 
effect  as  if  it  had  been  performed  upon  the  day  appointed.  (S.  1890,  S. 
2707.) 

Sec.  5.  (4065-S.)  Labor  Day. — The  first  Monday  of  September  of  each 
year  is  hereby  declared  a  legal  holiday,  to  be  known  as  Labor  Day.  (S.1907- 
8,  Chap.  53,  Art.  V.) 

Sec.  6.  (4066-S.)  Proclamation. — The  governor  shall  issue  his  procla- 
mation twenty  days  prior  to  each  labor  day,  calling  attention  to  that  day, 
and  each  mayor  of  each  municipality  shall  issue  their  proclamation  ten 
days  before  labor  day.  (L.  1907-8,  Chap.  53,  Art.  V.) 


ARTICLE  XX. 
Nepotism   Law. 


SECTION 

5.  Penalty  for  Executives. 

6.  Forfeiture  of  Office. 

7.  Explanation  of  Terms,  Executive,   Minis- 


SECTION 

1.  Unlawful  Contracts. 

2.  Unlawful  Warrants. 

3.  Nepotism  a  Misdemeanor. 

4.  Degree  of  Relationship.  j  terial,  etc. 

Sec.  1.  (2796-S.)  Unlawful  Contracts. — Hereafter  it  shall  be  unlawful 
for  any  executive,  legislative,  ministerial  or  judicial  officer  in  the  State 
to  appoint  or  vote  for  the  appointment  of  any  person  related  to  him  by 
affinity  or  consanguinity  within  the  third  degree,  to  any  clerkship,  office, 
position,  employment  or  duty  in  any  department  of  the  State,  district,  county, 
city  or  municipal  government  of  which  such  executive,  legislative,  ministerial 
or  judicial  officer  is  a  member,  when  the  salary,  wages,  pay  or  compensa- 
tion of  such  appointee  is  to  be  paid  out  of  the  public  funds  or  fees  of  office. 
(L.  1907-8,  p.  574.) 

—76— 


Sec.  2.  (2797-S.)  Unlawful  Warrants. — It  shall  hereafter  be  unlawful 
for  any  such  executive,  legislative,  ministerial  or  judicial  officer  mentioned 
in  Section  one  of  this  Act,  to  draw  or  authorize  the  drawing  of  any  war- 
rant or  authority  for  the  payment  out  of  any  public  fund,  of  the  salary, 
wages,  pay  or  compensation  to  any  such  ineligible  person,  and  it  shall  be 
unlawful  for  any  executive,  legislative,  ministerial  or*  judicial  officer  to 
pay  out  of  any  public  funds  in  his  custody  or  under  his  control  the  salary, 
wages,  pay  or  compensation  of  any  such  ineligible  person.  (L.  1907,8, 
p.  574.) 

Sec.  3,  (2798-S.)  Nepotism  a  Misdemeanor. — It  shall  be  unlawful  for  any 
executive,  legislative,  ministerial  or  judicial  officer  to  appoint  and  furnish 
employment  for  any  person  whose  services  are  to  be  rendered  under  his 
direction  and  control  and  paid  for  out  of  the  public  funds,  and  who  is  re- 
lated by  either  blood  or  marriage  within  the  third  degree  to  any  other  exe- 
cutive, ministerial  or  judicial  officer  when  such  appointment  is  made  in 
part  consideration  that  such  other  officer  shall  appoint  and  furnish  em- 
ployment to  any  one  so  related  to  the  officer  making  such  appointment. 
Any  such  officer  who  shall  violate  the  provisions  of  this  Section  shall  be 
guilty  of  a  misdemeanor  and,  upon  conviction,  be  punished  as  provided  in 
Section  five  of  this  Act.  (L.  1907-8,  p.  574.) 

Sec.  4.  (2799-S.)  Degree  of  Relationship. — Any  person  related  within 
the  third  degree  by  affinity  or  consanguinity  to  any  member  of  either  the 
legislative,  judicial  or  executive  branch  of  the  State  government  shall  not 
be  eligible  to  hold  any  clerkship,  office,  position,  employment  or  duty  in 
such  branch  of  the  State  government.  (L.  1907-8,  p.  574.) 

Sec.  5.  (2800-S.)  Penalty  for  Executives. — Any  executive,  legislative, 
ministerial  or  judicial  officer  who  shall  violate  any  provision  of  this  Act 
shall  be  deemed  guilty  of  a  misdemeanor,  involving  misconduct,  and  shall 
be  punished  by  a  fine  of  not  less  than  one  hundred  nor  more  than  one 
thousand  dollars,  and  shall  forfeit  his  office.  (L.  1907-8,  p.  574.) 

Sec.  6.  (2801-S.)  Forfeiture  of  Office. — Every  person  guilty  of  violating 
the  provisions  of  this  Act  shall,  independently  of,  or  in  addition  to  any 
criminal  prosecution  that  may  be  instituted,  be  removed  from  office  ac- 
cording to  the  mode  of  trial  and  removal  prescribed  in  the  constitution  or 
laws  of  this  state.  (L.  1907-8,  p.  574.) 

Sec.  7.  (2802-S.)  Explanation  of  Terms— Executive,  Etc. — Under  the  desig- 
nation executive,  legislative,  ministerial  or  judicial  officer  as  mentioned 
herein  are  included  the  governor,  lieutenant  governor,  speaker  of  the  house 
of  representatives,  -corporation  commissioner,  all  the  heads  of  the  de- 
partments of  this  State  government,  judges  of  all  the  courts  of  this  State, 
mayors,  recorders  and  aldermen  of  all  incorporated  cities  and  towns,  public 
school  trustees,  officers  and  boards  of  managers  of  the  State  University, 
and  its  several  branches,  State  normals,  the  penitentiaries  and  elemosy- 
nary  institutions,  members  of  the  commissioners  court  and  all  other  of- 
ficials of  the  State,  district,  county,  cities  of  other  municipal  subdivisions 
of  the  State.  (L.  1907-8,  p.  574.) 


—77— 


ARTICLE  XXI. 
Misappropriation  of  Public  Funds. 


SECTION 

1.  Contracts  of  Municipal  Boards;  void  When 

2.  Public  Officer — Liable  When;  Contractor 

—Liable  When. 


SECTION 

3.     Resident  Tax  Payer  may  Maintain  Suit 
After  Written  Demand  upon  Officer. 


(Laws  1905.) 

Section  1.  That  no  board  of  county  commissioners  of  any  county,  nor 
city  council  of  any  city  nor  board  of  trustees  of  any  township,  town  or 
village,  nor  any  district  board  of  any  school  district  in  this  State  shall 
make  any  contract  with  any  of  its  members,  or  in  which  any  of  its  mem- 
bers shall  be  directly  or  indirectly  interested;  and  that  all  contracts  made 
in  violation  of  this  section  shall  be  wholly  void. 

Sec.  2.  That  every  officer  of  any  county,  township,  city,  town,  village 
or  school  district,  who  shall  hereafter  order  or  direct  the  payment  of  any 
money  or  transfer  of  any  property  belonging  to.  such  county,  township,  city 
town,  village  or  school  district  in  settlement  of  any  claim  known  to  such 
officers  to  be  fraudulent  or  void,  or  in  pursuance  of  any  unauthorized,  un- 
lawful, or  fraudulent  contract  or  agreement  made  or  attempted  to  be  made, 
for  any  such  county,  township,  city,  town,  village  or  school  district,  by  any 
officer  or  officers  thereof,  and  every  person,  having  notice  of  the  facts 
with  whom  such  unauthorized,  unlawful  or  fraudulent  contract  shall  have 
been  made,  or  to  whom,  or  lor  whose  benefit  such  money  shall  hereafter  be 
paid  or  such  transfer  of  property  shall  be  made,  shall  be  jointly  and  sever- 
ally liable  in  damage  to  all  innocent  persons  in  any  manner  injured  there- 
by, and  shall  be  furthermore  jointly  and  severally  liable  to  the  county, 
township,  city,  town,  village  or  school  district  affected  for  double  the  amount 
of  all  such  sums  of  money  so  paid,  and  double  the  value  of  property  so 
transferred,  as  a  penalty,  to  be  recovered  at  the  suit  or  the  proper  officers 
of  such  county,  township,  city,  town,  village  or  school  district,  or  of  any 
resident  taxpayer  thereof,  s  hereinafter  provided. 

Sec.  3.  That  upon  the  refusal,  failure  or  neglect  of  the  proper  offi- 
cers of  any  county,  township,  city,  town,  village  or  school  district,  after 
•written  demand  made  upon  them  by  ten  resident  taxpayers  of  such  coun- 
ty, township,  city,  town,  village  or  school  district,  to  institute  or  diligently 
prosecute  the  proper  proceedings  at  law  or  in  equity  for  the  recovery  of 
auy  money  or  property  belonging  to  such  county,  township,  city  town,  vil- 
lage or  school  district,  paid  out  or  transferred  by  any  officer  thereof  in 
pursuance  of  any  unauthorized,  unlawful,  fraudulent  or  void  contract, 
made,  or  attempted  to  be  made,  by  any  of  its  officers  for  any  such  county, 
town,  city,  town,  village  or  school  district,  or  for  the  penalty  provided 
in  section  two  of  this  act,  and  resident  taxpayer  of  such  county,  township, 
city,  town,  village  or  school  district  affected  by  such  payment  or  transfer 
after  serving  the  notice  aforesaid  and  after  giving  security  for  cost,  may 
in  the  name  of  the  State  of  Oklahoma  as  plaintift,  institute  and  maintain- 
any  proper  action  at  law  or  in  equity  which  the  property  officers  of  the 
county,  township,  city,  town,  village  or  school  district  might  institute  and 
maintain  for  the  recovery  of  such  property,  or  for  said  penalty  and  any 
such  municipality  shall  in  such  event  be  made  defendant,  and  one-half  the 
amount  of  money  and  one-half  the  value  of  the  property  recovered  in  any 
action  maintained  at  the  expense  of  a  resident  taxpayer  under  this  section 
shall  be  paid  to  such  resident  taxpayer  as  a  reward. 

—78— 


ARTICLE  XXII. 
Revenue  and  Taxation. 

(A.)    CONSTITUTIONAL  PROVISIONS 


SECTION 

1.  Fiscal  Year. 

2.  Penalty  for  Not  Assessing. 

3.  Tax  Limits. 

4.  Building  Tax  Limit. 

5.  Assent  of  Three-Fifths  of  Voters  Neces- 


SECTION 

6.  Increase  for  Public  Utilities. 

7.  Sinking  Fund. 

8.  Certificates  of  Attorney  General,  County 

Attorney,    County   Clerk   in   Regard 
to  Indebtedness. 


sary  to  Increase  Indebtedness.  j       9.     Uniform  Method  of  Accounting. 

Section  1.  Fiscal  Year. — The  fiscal  year  shall  commence  on  the  first 
day  of  July  in  each  year,  unless  otherwise  provided  oy  law.  (Article  X, 
Sec  1,  Bunn's  Constitution,  p.  73.) 

Sec.  2.  Penalty  for  Not  Assessing. — All  property  which  may  be  taxed 
ad  valorem  shall  be  assessed  for  taxation  at  its  fair  cash  value,  estimated 
at  the  price  it  would  bring  at  a  fair  voluntary  sale;  and  any  officer,  or 
other  person  authorized  to  assess  values,  or  subjects,  for  taxation,  who  shall 
commit  any  willful  error  in  the  performance  of  his  duty,  shall  be  deemed 
guilty  of  malfeasance,  and  upon  conviction  thereof  shall  forfeit  his  office, 
and  be  otherwise  punished  as  may  be  provided  by  law.  (Article  X.,  Sec. 
3,  Bunn's  Constitution,  p.  74.) 

Sec.  3.  Tax  Limits. — Except  as  herein  otherwise  provided,  the  total 
taxes,  on  an  ad  valorem  basis,  for  all  purposes,  State,  county,  township,  city 
or  town,  and  school  district  taxes,  shall  not  exceed  in  any  one  year  thirty- 
one  and  one-half  mills  on  the  dollar,  to  be  divided  as  follows: 

State  levy,  not  more  than  three  and  one-half  mills;  county  levy,  not 
more  than  eight  mills:  Provided,  That  any  county  may  levy  not  exceed- 
ing two  mills  additional  for  county  high  school  and  aid  to  the  common 
schools  of  the  county,  not  over  one  mill  of  which  shall  be  for  such  high 
school,  and  the  aid  to  said  common  schools  shall  be  apportioned  as  pro- 
vided by  law;  township  levy,  not  more  than  five  mills;  city  or  town  levy 
not  more  than  ten  mills;  school  district  levy,  not  more  than  five  mills  on 
the  dollar  for  school  district  purposes,  for  support  of  common  school: 
Provided.  That  the  afore -aid  annual  rate  for  school  purposes  may  be  in- 
creased by  any  school  district  by  an  amount  not  to  exceel  tea  mills  on 
the  dollar  valuation,  on  condition  that  a  maiority  of  the  voters  thereof 
voting  at  an  election,  vote  'fov  said  increase.  (See  Art.  X.,  Sec.  9,  Bunn's 
Constitution,  p.  75.) 

Sec.  4.  Building  Tax  Limit. — For  the  purpose  of  erecting  public  build- 
ing in  counties,  cities,  or  school  districts,  the  rates  of  taxation  herein  limit- 
ed, may  be  increased,  when  the  rate  of  such  increase  and  the  purpose  for 
which  it  is  intended  shall  have  been  submitted  to  a  vote  of  the  people,  and 
a  majority  of  the  qualified  voters  of  such  county,  city,  or  school  district, 
voting  at  such  election,  shall  vote  therefor:  Provided,  That  such  increase 
shall  not  exceed  five  mills  on  the  dollar  of  the  assessed  value  of  the  tax- 
able property  in  such  county,  city,  or  school  district.  (Art.  X.,  Sec.  10, 
Bunn's  Constitution,  p.  75.) 

Sec.  5.  Three-fifth's  Vote  Necessary  to  Increase  Indebtedness. — No 
county,  city,  town,  township,  school  district,  or  other  political  corporation 
or  subdivision  of  the  State,  shall  be  allowed  to  become  indebted,  in  any 
manner,  for  any  purpose,  to  an  amount  exeeding  in  any  year,  the  income 
and  revenue  provided  for  such  year,  without  the  assent  of  three-fifths  of 
the  voters  thereof,  voting  at  an  election,  to  be  held  for  that  purpose,  nor 

—79— 


in  cases  requiring  such  assent,  shall  any  indebtedness  be  allowed  to  be 
incurred  to  an  amount  including  existing  indebtedness,  in  the  aggregate 
exceeding  five  per  centum  of  the  valuation  of  the  taxable  property  therein, 
to  be  ascertained  from  the  last  assessment  for  State  ana  county  purposes 
previous  to  the  incurring  of  such  indebtedness:  Provided,  That  any  coun- 
ty, city,  town,  township,  school  district,  or  other  political  .corporation,  or 
subdivision  of  the  State,  incurring  any  indebtedness,  requiring  the  assent 
of  the  voters  as  aforesaid,  shall,  before  or  at  the  time  of  doing  so,  provide 
for  the  collection  of  an  annual  tax  sufficient  to  pay  the  interest  on  such 
indebtedness  as  it  falls  due,  and  also  to  constitute  a  sinking  fund  for  the 
payment  of  the  principal  thereof  within  twenty-five  years  from  the  time 
of  contracting  the  same.  (Art.  X.,  Sec.  26,  Bunn's  Constitution,  p.  78.) 

Sec.  6.  Increase  for  Public  Utilities. — Any  incorporated  city  or  town  i.. 
this  State  may,  by  a  majority  of  the  qualified  property  tax  paying  voters 
of  such  city  or  town,  voting  at  an  election  to  be  held  for  that  purpose,  be 
allowed  to  become  indebted  in  a  larger  amount  than  that  specified  in  sec- 
tion twenty-six,  for  the  purpose  of  purchasing  or  constructing  public  utili- 
ties, 6r  for  repairing  the  same,  to  be  owned  exclusively  by  such  city:  Pro- 
vided, That  any  such  city  or  town  incurring  any  such  indebtedness  requir 
ing  the  assent  of  the  voters  as  aforesaid,  shall  have  the  power  to  provide 
for  the  collection  of  an  annual  tax  in  addition  to  the  other  taxes  pro- 
vided for  by  this  constitution,  sufficient  to  pay  the  interest  on  such  in- 
debtedness as  it  falls  due,  and  also  to  constitute  a  sinking  fund  for  the 
payment  of  the  principal  thereof  within  twenty-five  years  from  the  tiiu~ 
of  contracting  the  same.  (Art.  X.,  Sec.  27,  Bunn's  Constitution,  p.  78.) 

Sec,  7.  Sinking  Fund. — Counties,  townships,  school  districts,  cities,  and 
towns  shall  levy  sufficient  additional  revenue  to  create  a  sinking  fund  to 
be  used,  first,  for  the  payment  of  interest  coupons  as  they  fall  due;  second, 
for  the  payment  of  bonds  as  they  fall  due;  third,  for  the  payments  of  such 
parts  of  judgments  as  such  municipality  may,  by  law,  be  required  to  pa>. 
(Art.  X.,  Sec.  28,  Bunn's  Constitution,  p.  79.) 

Sec.  8.  Attorney  General's  and  County  Officers'  certificates. — No  bond 
or  evidence  of  indebtedness  of  this  State  shall  be  valid  unless  the  same 
shall  have  endorsed  thereon  a  certificate,  signed  by  the  auditor  and  at- 
torney general  of  the  State,  showing  that  the  bond  or  evidence  of  debt 
is  issued  pursuant  to  law  and  is  within  the  debt  limit.  No  bond  or  evi- 
dence of  debt  of  any  county,  or  bond  of  any  township  or  any  othe'r  political 
subdivision  of  any  county,  shall  be  valid  unless  the  same  have  endorsed 
thereon  a  certificate  signed  by  the  county  clerk,  or  other  officer  authorized 
by  law  to  sign  such  certificate,  and  the  county  attorney  of  the  county,  stat- 
ing that  said  bond,  or  evidene  of  debt  is  issued  pursuant  to  law,  and  that 
said  issue  is  within  the  debt  limit.  (Art.  X.,  Sec.  29,  Bunn's  Constitution, 
p.  79.) 

Sec.  9.  Uniform  Accounting. — The  legislature  shall  require  all  money 
collected  by  taxation,  or  by  fees,  fines,  and  public  charges  of  every  kind, 
to  be  accounted  for  by  a  system  of  accounting  that  shall  be  uniform  for 
each  class  of  accounts,  State  and  local  which  shall  be  prescribed  and  audited 
by  authority  of  the  State.  (Art.  X.,  Sec.  30,  Bunn's  Constitution,  p.  79.) 


—80— 


ARTICLE  XXII. 
Revenue  and  Taxation. 
(B.)     LEGISLATIVE  PROVISIONS. 


SECTION 

1.  Current  Expenses. 

2.  Estimate  must  be  made  each  year. 

3.  Excise  Board. 

4.  Meeting  of  County  Excise  Board. 

5.  Special  Election  to  increase  levy. 


SECTION 

6.  Fifty  per  cent  of  voters  lequired. 

7.  Election  returns. 

8.  Where  the  provisions  of  this  act  apply. 

9.  Thirty  per  cent  of  voters  must  vote. 


House   Bill   14 — Session   Laws   1910. 
— Special  Session — 

An  ACT 

To  Provide  for  the  Levying  of  Taxes  on  an  Ad  Valorem  Basis  for  County, 
City,  Town,  Township  and  School  District  Purposes. 

BE  IT  ENACTED  BY  THE  PEOPLE  OF  THE  STATE  OF  OKLAHOMA: 

Section  1.  Except  as  otherwise  provided  in  this  Act,  the  total  levy 
for  current  expenses  of  each  county,  city,  town,  township  or  school  dis- 
trict, shall  not  exceed  in  any  one  year  the  following: 

County  levy  not  more  than  five  mills,  provided  that  any  county  may 
levy  not  exceeding  one  mill  additional  in  aid  of  the  common  schools  of 
the  county  and  in  any  county  where  a  county  high  school  is  located,  an 
additional  levy  of  not  more  than  one  mill  may  be  made  for  the  county  high 
school:  Provided,  That  where  the  assessed  valuation  of  any  county  is  less 
than  $4,000,000,  the  county  levy  shall  not  exceed  six  mills. 

City  levy,  not  more  than  seven  mills. 

Incorporated  town  levy  not  more  than  five  mills. 

Township  levy  not  more  than  three  mills. 

School  district  levy  for  the  support  of  common  schools,  not  more  than 
five  mills. 

Section  2.  Each  board  of  county  commissioners,  the  mayor  and  council 
of  each  city  of  the  first  class,  or  the  officers  exercising  like  powers  in  any 
city  of  the  first  class  in  this  State,  having  a  charter  form  of  government, 
the  board  of  trustees  of  each  incorporated  town,  the  directors  of  each  town- 
ship, the  board  of  education  in  each  incorporated  city  and  the  directors  of 
each  school  district  in  the  State,  shall  meet  on  the  first  Monday  in  July 
of  each  year  and  shall  respectively  make  out  an  itemized  statement  of  the 
fiscal  condition  of  their  respective  municipalities  and  of  the  estimated 
needs  thereof  for  the  current  expenses  of  the  ensuing  fiscal  year.  Said 
estimate  shall  show,  first,  any  unexpended  balance  on  hand  of  the  levy 
for  any  previous  year  or  years  for  current  expense  purposes;  second,  the 
estimated  income  of  the  municipality  from  all  sources  other  than  from  ad- 
valorem  taxation  and  such  estimated  income  for  school  district  purposes 
shall  include  the  apportionment  of  the  income  from  the  common  school 
fund,  based  on  the  distribution  for  the  next  preceding  fiscal  year: 

Third,  an  itemized  estimate  of  the  amount  necessary  for  the  current 
expenses  of  each  municipality  for  the  ensuing  fiscal  year; 

Fourth,  the  amount  necessary  for  a  sinking  fund,  sufficient  to  pay  at 
maturity,  all  bonded  indebtedness  coming  due  for  such  municipality. 

Fifth,  the  amount  necessary  to  pay  the  interest  coupons  falling  due 
on  its  outstanding  bonded  indebtedness.  The  estimate  for  county  purposes 
shall  be  itemized  so  as  to  show  the  amount  estimated  to  be  necessary  for 
salaries;  for  court  expenses;  for  county  supplies;  for  the  support  of  the 

—81— 


poor  and  insane;  for  roads  and  bridges;  for  aid  of  the  common  schools  of 
the  -county;  for  contingent  fund;  for  county^high  school,  if  any;  for  a  sink- 
ing fund  which  shall,  with  the  money  already  in  such  fund,  be  sufficient 
to  pay,  at  maturity,  all  bonded  indebtedness  of  such  county  coming  due; 
for  the  interest  coupons  falling  due  on  outstanding  bonds  of  the  county  ana 
an  additional  sum  equal  to  one-third  of  the  original  amount  of  all  outstand- 
ing judgments  against  the  county  where  one-third  or  more  of  such  judg- 
ments remain  unpaid  and  in  'Case  less  than  one-third  remains  unpaid,  then 
the  estimate  shall  include  the  unpaid  balance.  Bach  estimate  for  county, 
city,  incorporated  town,  township  and  school  district  purposes  as  prepared 
in  accordance  with  the  provisions  of  this  Act,  shall  be  published  in  some 
newspaper  published  in  each  such  county,  city,  incorporated  town,  town- 
ship and  school  district  in  four  consecutive  issues  if  in  a  daily  paper  and  in 
two  consecutive  issues  if  published  in  a  weekly  paper  and  if  here  be  no 
such  paper  published  in  such  county,  city,  incorporated  town,  township  or 
school  district,  then  a  copy  of  such  estimate  shall  be  posted  in  at  least  five 
public  places  therein,  which  posting  shall  be  within  five  days  after  said 
first  Monday  in  July.  Said  publication  shall  be  made  in  each  instance  by 
the  board  or  authority  making  the  estimate.  Said  estimate  so  made  out 
and  published  as  aforesaid  shall,  as  soon  as  completed,  be  certified  to  the 
excise  board  of  the  county  hereinafter  provided  for,  together  with  an  af- 
fidavit showing  the  publication  or  posting  thereof  as  required  by  this  Act 

Sec.  3.  County  Excise  Board. — There  is  hereby  created  in  each  organ- 
ized county  in  this  State  an  excise  board  to  be  composed  of  the  following 
county  officers,  to-wit:  County  clerk,  county  trasurer,  county  judge,  county 
superintendent  and  county  attorney,  who  shall  perform  the  duties  as  herein 
provided  without  additional  compensation.  The  county  judge  shall  be  chair- 
man of  the  board  and  the  county  clerk  secretary. 

Sec.  4.  Meeting  of  County  Excise  Board. — The  excise  board  shall  meet 
at  the  county  seat  on  the  last  Saturday  of  July  of  each  year  for  the  pur- 
pose of  examining  the  estimates  of  expenses  for  the  county  and  for  each 
city,  incorporated  town,  embracing  a  city  of  the  first  class,  township  and 
school  district  therein.  Their  meeting  shall  be  public  and  they  shall  keep 
a  record  of  their  proceedings.  They  shall  have  power  to  revise  and  correct 
any  estimate  certified  to  them  where  the  amount  thereof  is  in  excess  of  the 
just  and  reasonable  needs  of  the  municipality  for  which  the  same  is  made. 
When  they  shall  have  approved  each  estimate,  if  the  same  shall  be  within 
the  limit  for  current  expenses,  provided  by  section  1  of  this  Act,  and  shall 
have  ascertained  the  assessed  valuation  of  rropertv  taxed  ad  valorem  in 
the  county  and  in  each  municipal  subdivision  thereof,  and  shall  have 
ascertained  the  probable  income  of  the  county  and  of  each  municipal  sub- 
division thereof  from  all  sources  other  than  advalorem  taxation,  they  shall 
thereupon  make  the  levy  therefor,  adding  thereto  the  amount  ascertained 
to  be  necessary  for  a  sinking  fund,  which,  with  the  money  already  in  such 
fund,  shall  be  sufficient  to  pay,  at  maturity,  all  bonded  indebtedness  of  such 
municipality,  and  for  the  interest  coupons  falling  due  on  the  outstanding 
bonds  of  such  municipality;  to  the  total  amount  so  ascertained  to  be  nec- 
essary for  current  expenses,  sinking  fund  and  interest  coupons  shall  be 
added  ten  per  centum  for  delinquent  taxes.  The  levies  so  made  for  them 
shall  be  certified  to  the  county  clerk,  who  shall  extend  the  same  upon 
the  tax  roll. , 

Sec.  5.  If  any  estimate  certified  to  the  excise  board  for  the  current 
expenses  of  any  county,  city,  incorporated  town,  township  or  school  dis- 
trict shall  exceed  the  limits  prescribed  by  Section  1  of  this  Act,  and  the 
excise  board  shall  be  of  the  opinion  that  such  excess  is  reasonably  neces- 
sary for  the  current  expenses  of  the  municipality  for  Tvnich  the  same  is 

—82— 


prepared,  they  shall  enter  such  fact  upon  the  record  of  their  proceedings, 
and  shall  give  notice  by  publication  in  one  issue  of  some  newspaper,  printed 
in  the  county  that  a  special  election  will  be  held  in  the  county,  city,  in- 
corporated town,  township  or  school  district,  as  the  case  may  be,  on  the 
second  Tuesday  after  the  first  Monday  in  August  next  thereafter  for  the 
purpose  of  submitting  to  the  qualified  electors  of  such  county,  city,  in- 
corporated town,  township  or  school  district,  the  question  of  making  such 
increased  levy  Such  election  shall  be  held  under  the  general  election 
laws  of  the  State  and  in  each  election  held  under  the  provisions  of  this 
Act,  the  amount  of  each  proposed  levy  shall  be  printed  upon  the  ballot  with 
the  words,  "for  the  levy"  and  "against  the  levy"  to  the  left  of  which  shall 
be  printed  a  square  in  which  the  elector  shall  stamp  his  choice. 

Provided:  In  school  districts  not  in  cities  of  the  first  class  the  elec 
tion  shall  be  conducted  as  is  now,  or  may  hereafter  be  provided  by  law  for 
such  elections  in  school  districts. 

Sec.  6.  Fifty  Per  Cent  of  Voters  Required. — No  election  for  an  increased 
levy  for  county,  city,  incorporated  town  or  township  purposes  shall  be 
valid  unless  fifty  per  centum  of  the  qualified  electors,  as  shown  by  the 
last  preceding  election  shall  vote  therein. 

Sec.  7.  The  returns  of  such  elections  held  under  the  provisions  of 
this  Act  shall  be  made  to  the  excise  board,  who  shall  meet  at  the  county 
seat  on  the  Friday  following  such  election  for  the  purpose  of  canvassing 
the  returns.  If  the  levies  voted  upon  shall  be  approved  by  a  majority  of 
those  voting  for  each  levy  and  the  total  number  voting  shall  be  the  pro- 
portion of  the  qualified  electors  of  the  county,  city,  incorporated  town, 
township  or  school  district  required  by  this  Act,  the  excise  board  shall 
certify  the  same  to  the  county  clerk,  who  shall  extend  the  same  upon  the 
tax  roll;  and  levy  for  any  purpose  shall  be  valid  unless  made  according 
to  the  provisions  of  this  Act,  and  any  such  illegal  levy,  and  the  collections 
of  the  tax  thereunder  may  be  enjoined  at  the  suit  of  any  tax  payer. 

Sec.  8.  The  provisions  of  this  Act  shall  apply  to  each  city  whether 
having  a  charter  form  of  government  or  not  and  to  the  board  of  education 
in  each  city,  except  that  where  an  election  is  called  for  the  purpose  of 
voting  a  tax  in  excess  of  that  prescribed  by  this  Act,  such  election  shall 
be  called  by  the  mayor  and  council  m  such  city  or  the  officers  exercising 
like  power  in  cities  having  a  charter  form  of  government  and  by  the  board 
of  education,  who  shall  canvass  the  returns  thereof  and  make  the  levies 
and  certify  to  the  county  clerk,  who  shall  extend  the  same  upon  the  tax 
rolls. 

Sec.  9.  Thirty  Per  Centum  of  Voters  Must  Vote. — It  shall  be  the  duty  of 
the  school  trustees  in  each  school  district  to  record  in  a  book  kept  for 
the  purpose,  the  names  of  all  legal  voters  within  such  school  district,  and 
at  the  election  where  it  is  proposed  to  vote  an  addition  levy  above  the  five 
mills  herein  authorized  for  school  purposes  the  election  shall  be  held  to  be 
a  legal  election  when  thirty  per  centum  of  the  total  number  of  legal  voters 
living  in  such  school  district  shall  participate  therein. 

BEN  F.  WILSON, 
Speaker  of  the  House  of  Repre- 
sentatives. 

J.   C.  GRAHAM, 
President  Pro  Tempore  of  the 
Senate. 
Approved  March  17,  1910. 

C.  N.  HASKBLL, 
Governor  of  the   State  of  Oklahoma. 

—83— 


ARTICLE  XXXIII. 
THE  BOND  COMMISSIONER. 
House  Bill  No.  116.  -Session  Laws,  1910. 
— Special   Session — 

AN   ACT 

For  the  Protection,  Validation  and  Sale  of  School  Bond  Issues  of  the 
State,  Counties,  Townships  and  Municipalities  and  All  Other  Political  Or- 
ganizations and  Subdivisions  of  the  State  of  Oklahoma. 

BE  IT  ENACTED  BY  THE  PEOPLE  OF  THE  STATE  OF  OKLAHOMA: 

Section  1.  The  attorney  general  is  hereby  made  ex-o'fficio  bond  com- 
missioner of  the  State  of  Oklahoma. 

Sec.  2.  It  shall  be  the  duty  of  such  bond  commissioner  to  prepare  uni- 
form forms  and  prescribe  a  method  of  procedure  under  the  laws  of  the 
State  in  all  cases  where  it  is  desired  to  issue  public  securities  or  bonds,  in 
any  county,  township,  municipality,  or  political  or  other  subdivision  thereof 
of  the  State  of  Oklahoma;  and  it  shall  be  the  further  duty  of  said  bond 
commissioner  to  examine  into  and  pass  upon  any  security  so  issued,  and 
such  security,  when  declared  by  the  certificates  of  said  bond  commissioner 
to  be  issued  in  accordance  with  the  forms  of  procedure  so  provided  shall 
be  incontestable  in  any  court  in  the  State  of  Oklahoma  unless  suit  thereon 
shall  be  brought  in  a  court  having  jurisdiction  of  the  same  within  thirty 
days  from  the  date  of  the  approval  of  said  securties  by  the  bond  commis- 
sioner. 

Sec.  3.  No  bond  hereafter  issued  by  any  political  or  municipal  subdivi- 
sion of  this  State  shall  be  valid  without  the  certificate  of  said  bond  com- 
missioner. 

Sec.  4.  An  emergency  is  hereby  declared,  by  reason  whereof  it  is  nec- 
essary for  the  immediate  preservation  of  the  public  peace  and  safety  that 
this  Act  shall  take  effect  from  and  after  its  passage  and  approval. 

Approved  March  24,  1910. 

C.  N.   HASKELL,   Governor. 


—84— 


ARTICLE  XXIV. 
Refunding  of  Bonds  by  Municipal  Corporations. 


SECTION 

1.  Funding  Bonds. 

2.  Notice  of  Issuance. 

3.  Outstanding  Indebtedness. 

4.  County  and  City  Bonds — How  Attested. 

5.  Limit  of  Issue. 

6.  Registration  of  Bonds. 

7.  Levy  of  Taxes  to  Pay. 


SECTION 

8.  Auditor,  Duty  of.| 

9.  Sinking  Fund. 

10.  Payments. 

11.  Wrong  Use — Punishment. 

12.  Taxes  Receivable. 

13.  Cancellation. 

14.  Acts  Repealed. 


Sec.  1.  (408-S.)  Funding  Bonds. — Every  county,  every  city  of  the  first 
class,  the  board  of  education  of  every  city,  every  township,  and  every 
school  district,  is  hereby  authorized  and  empowered  to  refund  its  indebt- 
edness, including  bonds,  judgments  and  warrants,  as  hereinafter  provided, 
upon  such  terms  as  -can  be  agreed  upon,  and  to  issue  new  bonds  with  semi- 
annual interest  coupons  attached  in  payment  for  any  sum  so  refunded; 
which  bonds  shall  be  sold  at  no  less  than  par,  and  shall  not  be  for  a  longer 
period  than  thirty  years,  shall  not  exceed  in  amount  the  actual  amount  of 
outstanding  indebtedness,  inclusive  of  attached  coupons  and  shall  not  a 
greater  interest  than  six  per  cent  per  annum.  No  indebtedness,  of  any 
kind,  shall  be  funded  or  refunded  under  the  provisions  of  this  Act,  except 
indebtedness  actually  existing  at  the  time  of  the  passage  of  this  Act  or 
hereafter  legally  created.  (L.  1905,  p.  87.  See  Const.,  Art.  10,  Sec.  26.) 

Sec.  2.  (409-S.)  Notice  of  Issuance. — Notice  of  the  issuance  of  bonds 
provided  for  in  this  Act,  shall  be  given  by  publication  in  a  newspaper  pub- 
lished at  the  county  seat  and  by  posting  a  copy  of  the  same  in  five  public 
places  in  the  municipality,  stating  that  on  the  day  named  therein  the  mu- 
nicipality will  proceed  before  the  probate  court  of  the  county,  if  the  amount 
be  less  than  one  thousand  dollars,  or  before  the  district  court,  if  the  amount 
exceed  one  thousand  dollars,  to  make  a  showing  and  ask  the  court  to  hear 
and  determine  the  amount  of  the  outstanding  legal  indebtedness  of  said 
municipality,  and  to  sign  the  bonds  to  be  issued  in  payment  of  the  same, 
and  any  person  interested  may  remonstrate  against  the  issuance  of  tUc 
same.  Such  notice  shall  be  given  for  at  least  ten  days  before  the  day 
named  for  said  hearing.  (L.  1905,  p.  87.) 

Sec.  3.  Outstanding  Indebtedness. — On  the  day  named  in  the  notice  re- 
ferred to  in  the  preceding  Section,  the  officers  authorized  to  issue  bonds 
under  this  Act  shall  go  before  the  court,  named  in  said  notice,  and  make 
proof,  to  the  satisfaction  of  the  court,  of  the  existence,  character  and  amount 
of  the  outstanding  legal  indebtedness  of  said  municipality.  On  such  proof 
being  made  the  court  shall  cause  to  be  made  upon  the  records  of  the  court, 
a  statement  of  finding  to  that  effect  and  shall  then,  in  open  court  proceed 
to  sign  each  bond  to  be  issued,  up  to  the  amount  of  said  indebtedness  so 
proven  and  approved,  and  shall,  after  expiration  of  the  time  for  taking  ap- 
peals, if  no  appeal  be  taken,  deliver  the  same  to  the  treasurer  of  said  mu- 
nicipality issuing  the  same,  who  shall  be  chargeable  therefor,  and  shall 
be  liable  on  his  official  bond  for  said  bonds.  Appeals  from  the  judgment 
of  the  court  shall  be  allowed,  as  provided  by  law,  upon  the  giving  of  a 
bond  for  costs  and  damages,  such  sum  as  the  court  shall  require,  and  if 
an  appeal  is  taken  as  herein  provided,  then  said  bonds  shall  not  be  de- 
livered to  the  treasurer  of  said  municipality  until  the  final  determination 
of  said  appeal.  (L.  1895,  p.  88.) 

Sec.  4.  (409-S.)  Issuance  of. — Bonds  issued  under  this  act  by  any  county 
shall  be  signed  by  the  .chairman  of  the  board  of  county  commissioners,,  and 


attested  by  the  county  clerk  under  the  seal  of  the  county.  Bonds  issued  by 
any  city  shall  be  signed  by  the  mayor  and  attested  by  the  city  clerk,  under 
the  seal  of  the  city.  Bonds  issued  by  any  township  shall  be  signed  by  the 
trustee,  attested  by  the  township  clerk  and  countersigned  by  the  township 
treasurer.  Bonds  issued  by  the  board  o'f  education  of  any  city  shall  be 
signed  by  the  president,  and  attested  by  the  clerk  of  the  board  under  the 
seal  of  such  board.  Bonds  issued  by  any  school  district  shall  be  signed 
by  the  director,  attested  by  the  clerk  and  countersigned  by  the  treasurer  of 
such  school  district  board,  and  the  coupons  shall  be  signed  by  the  mayor, 
president,  director,  trustee  or  chairman  of  the  board  of  county  commis- 
sioners, and  the  clerks  respectively.  Such  bonds  may  be  in  any  denomina- 
tion from  one  hundred  to  one  thousand  dollars,  and  made  payable  at  such 
place  as  may  be  designated  upon  the  face  thereof  and  they  shall  contain 
a  recital  that  they  are  issued  under  this  Act.  (L.  1895,  p.  89.) 

Sec.  5.  (409-S.)  Limit  on  Issue. — When  a  refunding  has  been  agreed  upon 
it  shall  be  the  duty  of  the  proper  officers  to  issue  such  bonds  at  the  rate 
agreed  upon,  to  the  holder  of  such  indebtedness,  in  the  manner  prescribed 
in  this  Act;  but  no  bonds  shall  be  issued  under  this  Act  until  the  proper 
evidence  of  the  indebtedness  for  which  the  same  are  to  be  issued  shall  oe 
delivered  up  for  cancellation;  provided  that  no  bonded  indebtedness  shall 
be  refunded  by  the  board  of  trustees  of  any  township  or  any  school  district 
board,  or  board  of  education,  under  this  Act.  except  such  as  have  been  is- 
sued and  outstanding  at  least  two  years  at  the  time  of  such  refunding;  and 
Provided  Further,  That  except  for  the  refunding  of  outstanding  debt,  in- 
cluding outstanding  bonds  and  matured  coupons  thereof,  or  judgments 
thereon,  or  warants,  no  bonds  of  any  class  or  description  shall  hereafter 
be  issued  where  the  total  bonded  indebtedness  of  said  county  or  township 
would  thereby  exceed  four  (See  Art.  XXVIII.  Also  Sec.  25,  Schedule  of 
Constitution,  Art.  XXXIX,  this  book.)  per  cent  of  the  assessment  for  taxa- 
tion as  shown  by  ^e  last  finding  and  determination  by  tne  proper  board 
of  equalization,  or  of  such  city,  school  district,  or  board  of  education;  but 
this  restriction  shall  not  apply  to  the  boards  of  education  of  any  city  or 
cities  of  the  first  class.  (L.  1895,  p.  89.  See  Const.  Art.  X.,  Sec.  26.) 

Sec.  6.  Registration  of  Bonds. — The  clerk  of  every  county,  city,  town- 
ship, school  district  and  board  of  education,  issuing  bonds  under  this  act 
shall  register  the  same  in  his  office.  Such  bonds  shall  also,  in  every  case 
be  registered  by  the  county  clerk,  showing  the  date,  number  and  amount 
thereof,  rate  of  interest,  number  of  coupons  and  amount  of  each,  to  whom 
payable,  where  payable,  date  of  maturity,  and  if  optional,  under  what  con- 
ditions; and  all  indebtedness  refunded  under  this  act  snail  have  the  words 
"paid  in  full"  marked  in  a  plain  manner  across  the  face  of  each  bond, 
coupon,  or  warant  refunded;  and  such  cancelled  obligations  shall  be  care- 
fully preserved  in  the  office  of  the  county  clerk  or  destroyed  by  the  coun- 
ty commissioners,  a  register  of  the  number,  amount  and  date  of  issue  hav- 
ing first  been  made  by  the  county  clerk.  The  proper  officers  shall,  at  the 
time  of  issuing  refunding  bonds,  make  out  and  transfer  to  the  auditor  of 
the  State  a  certified  statement  of  all  proceedings  had  by  the  proper  board 
or  €ity  council  as  shown  of  record  and  that  said  bonds  have  been  issued 
for  value  in  all  respects  in  conformity  to  this  act  for  certain  indebtedness 
surrendered,  definitely  describing  the  bonds  issued  and  the  indebtedness 
surrendered  and  that  they  have  been  duly  registered  by  the  attesting  clerk 
and  county  clerk  as  required  herein;  which  statement  shall  be  in  such 
form  and  include  such  other  information  as  the  auditor  of  the  State  may 
require  and  be  signed  by  all  the  officers  whose  signatures  are  attached 
to  such  bonds,  and  attested  by  the  proper  clerk  with  the  corporate  seal  of 

—86— 


the  .county,  city,  township,  school  district  or  board  of  education,  if  any,  and 
duly  acknowledged  before  the  county  clerk.  And  the  auditor  shall  upon 
being  satisfied  that  such  bonds  have  been  issued  according  to  the  provisions 
of  this  act,  and  that  the  signatures  thereto  of  the  officers  signing  the  same 
are  genuine,  register  the  same  in  his  office  in  a  book  kept  for  that  purpose 
and  shall,  under  his  seal  of  office  certify  upon  such  bonds  the  fact  that  they 
have  been  registered  in  his  office  according  to  law  (L  1895,  p  89.  See 
Const.,  Art.  X.,  Sec.  29.) 

Sec.  7.  (409-S.)  Levy  of  Taxes  to  Pay.— In  every  instance  in  which  any 
county,  city,  township,  the  board  of  education  of  any  city,  or  any  school 
district  shall  issue  bonds  under  this  act,  it  shall  be  the  imperative  duty  of 
the  proper  officers  of  such  county,  city,  township,  the  board  of  education 
of  any  city,  or  of  such  school  district  whose  duty  it  may  be  to  levy  taxes, 
to  annually  levy,  at  the  time  of  making  the  levy  of  other  taxes,  a  tax  suf- 
ficient in  amount  to  pay  the  interest  upon  said  bonds  and  the  coupons  as 
they  become  due,  and  to  create  a  sinking  fund  as  provided  for  in  this  act 
for  the  payment  of  the  principal  of  such  bonds,  and  if  such  officers  fail  or 
neglect  to  make  such  levy,  it  shall  be  the  duty  of  the  County  clerk  forth- 
with to  levy  such  tax;  and  in  case  any  such  officer  shall  neglect  or  refuse 
to  levy  any  such  tax  at  the  time  aforesaid,  and  in  case  any  county  clerk 
shall  neglect  or  refuse  to  extend  such  tax  upon  the  tax  roll  of  the  county 
at  the  propert  time,  then  and  in  that  case,  any  such  officer  so  neglecting 
or  refusing  to  levy  or  extend  such  tax  shall  be  severally  and  individually 
liable  and  shall  also  be  liable  upon  his  official  bond  to  the  holder  of  any 
such  bond  or  coupon  falling  due  during  the  year  for  which  such  tax  should 
have  been  levied  or  extended  for  the  full  amount  thereof  as  soon  as  the 
same  is  due,  which  liability  may  be  enforced  in  a  civil  action  in  the  name 
of  the  holder;  and  any  such  officer  so  neglecting  or  refusing  to  levy  or  ex- 
tend such  tax  shall  also  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof  shall  be  fined  in  an  amount  equal  to  the  amount  which  it 
may  be  shown  should  have  been  so  levied  or  extended  during  such  year, 
or  imprisoned  in  the  county  jail  for  a  term  not  less  than  three  nor  more 
than  twelve  months.  (L.  1905,  p.  91.) 

Sec.  8.  Duty  of  Auditor — Treasurer  to  Make  Levy — Penalty. — Should 
the  proper  officer  whose  duty  it  is  to  levy  the  taxes  to  pay  such  bonds 
and  coupons,  fail  or  neglect  to  make  such  levy  as  provided  for  in  this  act, 
it  shall  be  the  duty  of  the  auditor  of  the  State,  at  any  time  thereafter,  to 
ascertain  the  amount  of  interest  and  sinking  fund,  or  principal  of  such 
bonds,  accrued  and  to  accrue  during  that  year,  and  shall  certify  the  amount 
thereof  to  the  treasurer  of  the  county  in  which  such  bonds  were  issued, 
setting  forth  the  amount  thus  due,  and  whether  from  the  county  or  from 
a  particular  city,  township,  the  board  of  education  of  any  city  or  school 
district  within  such  county;  and  it  shall  be  the  duty  of  such  county  treas- 
urer, immediately  upon  reciving  such  certified  statement  from  the  audi- 
tor of  the  State  to  proceed  to  ascertain  from  the  assessment  roll  of  the 
county  the  amount  of  taxable  property  in  such  county,  city,  township,  the 
board  of  education  of  any  city,  or  such  school  district,  and  what  percentage 
is  required  to  be  levied  thereon  to  pay  the  said  interest  and  sinking  fund  or 
principal,  and  when  so  ascertained  shall  levy  such  percentage  upon  the 
taxable  property  of  such  county,  city,  township,  the  board  of  education  of 
any  city,  or  such  school  district,  as  may  be  liable  thereto,  and  shall  imme- 
diately place  the  same  upon  the  tax  roll  of  the  county  in  a  separate  column 
or  columns,  designating  the  purpose  for  which  such  taxes  are  levied;  and 
the  said  taxes  shall  be  collected  by  the  county  treasurer  of  such  county  in 
the  same  manner  that  other  taxes  are  collected.  And  should  such  county 
treasurer  neglect  or  refuse  to  levy  tax  and  place  the  same  upon  the  tax 

—87— 


roll  for  collection  as  herein  provided,  he  shall  be  personally  liable,  and 
also  liable  upon  his  offical  bond  to  the  holder  of  any  such  bonds  or  cou- 
pons then  due,  for  the  full  amount  thereof,  and  shall  also  be  deemed  guilty 
of  a  misdemeanor  and  upon  conviction  thereof  shall  be  imprisoned  in  the 
county  jail  for  not  less  than  three  months  nor  more  than  twelve  months. 
(L.  1905,  p.  92.) 

Sec.  9.  Sinking  Fund — Purchase  Bonds. — It  shall  be  the  duty  of  every 
county,  city,  township,  the  board  of  education  of  any  city,  and  of  every 
school  district,  issuing  bonds  under  this  act,  and  of  the  proper  officers 
thereof,  to  create  a  sinking  fund  and  to  levy,  annually,  a  sufficient  tax 
therefor,  for  the  redemption  of  such  bonds,  which  shall  be  collected  as 
other  taxes,  and  paid  into  the  treasury  as  provided  by  law  for  other  taxes, 
and  shall  remain  as  a  specific  fund  for  the  redemption  of  said  bonds;  the 
amount  of  which  sinking  fund  shall  be  as  follows:  In  every  instance  in 
which  bonds  shall  be  issued  under  this  act  for  twenty  years  or  less,  the 
quotient  fund  found  by  dividing  the  amount  of  the  principal  of  such  bonds  by 
such  number  of  years  shall  be  the  amount  of  sinking  fund  to  be  levied  each 
year  for  the  redemption  of  such  bonds;  but  in  every  instance  in  which  such 
bonds  shall  be  issued  for  more  than  twenty  years,  it  shall  not  be  necesary 
to  create  a  sinking  fund,  nor  to  levy  a  tax  therefor,  until  the  twentieth  year 
prior  to  maturity  of  such  bonds,  at  which  time,  and  each  year  thereafter, 
one-twentieth  of  the  principal  amount  of  such  bonds  shall  be  levied  as  a 
sinking  fund  for  the  redemption  of  such  bonds:  Provided,  That  any  county, 
city,  township,  the  board  of  education  of  any  city,  or  any  school  district, 
issuing  bonds  under  this  act,  may  buy  in  and  <concel  any  such  bonds  when- 
ever the  same  can  be  done  at  or  below  par:  And  Provided  Further,  That 
such  sinking  fund,  when  not  required  for  the  payment  or  purchase  of  bonds, 
may  be  invested  in  bonds  of  the  United  States  or  of  the  State  of  Oklahoma, 
and  in  no  other  manner:  And  Provided  Further,  That  under  the  provisions 
of  this  act,  the  proper  officers  are  authorized,  if  desirable,  to  issue  install- 
ment bonds,  running  thirty  years,  having  coupons  attached,  representing 
the  semi-annual  interest  to  become  due  therein;  and  each  coupon  attached 
to  any  installment  bond  shall,  after  five  years  from  its  date  represent  one- 
fiftieth  of  its  principal,  which  amount  shall  be  shown  by  separate  words 
and  figures  aside  from  the  interest  represented  in  the  coupon;  and  each 
installmen  bond  shall  show  upon  its  face  that  its  principal  is  included  in 
its  coupons.  (L.  1905,  p.  93.  See  Const.,  Art.  X.,  Sec.  26.) 

Sec.  10.  Payment. — Whenever  the  bonds  or  interest  coupons  issued  un- 
der this  act  shall  become  due,  they  shall  be,  on  presentation,  promptly  paid 
by  the  proper  disbursing  officer,  out  of  the  money  in  his  hands  collected 
for  that  purpose;  and  he  shall  indorse  upon  the  face  of  any  bond  or  coupon 
paid  by  him,  in  red  ink,  the  word  "paid,"  and  the  date  of  payment,  and  sign 
his  name  thereto,  and  at  each  settlement  he  shall  turn  over  the  bonds  and 
coupons  so  paid  and  cancelled,  which  shall  be  carefully  preserved  or  de- 
stroyed. (L.  1905,  p.  94.) 

Sec.  11.  Punishment  for  Wrong  Use. — Any  person  who  shall  appro- 
priate, use  or  aid  or  abet  in  appropriating  or  using,  any  of  the  funds  or 
moneys  mentioned  in  this  act,  for  any  other  purpose  than  as  in  this  act 
provided,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  shall  be  fined  in  a  sum  equal  to  the  amount  of  money  so  appro- 
priated or  used,  and  improsined  in  the  county  jail  for  not  less  than  three 
nor  more  than  twelve  months,  and  shall  also  be  liable  in  a  -civil  action  for 
the  amount  so  appropriated  or  used,  to  be  prosecuted  by  any  such  bond 
holder  or  other  party  entitled  thereto.  (L.  1905,  p.  95.) 

Sec.  12.  Receivable  Taxes. — The  interest  coupons  provided  for  in  this 
act  shall  as  fast  as  they  become  due,  be  received  in  payment  of  taxes  due 


to  the  particular  county,  -city,  the  board  of  education  of  any  city,  the  town- 
ship or  school  district,  which  may  have  issued  such  coupons,  and  shall  be 
received  by  all  collecting  officers  the  same  as  cash,  in  payment  of  such 
taxes.  (L.  1905,  p.  95.) 

Sec.  13  Cancellation. — That  all  county,  township  and  municipal  bonds 
on  which  final  judgment  shall  hereafter  be  rendered  by  any  court  of  rec- 
ord in  this  State  shall  be  cancelled  in  open  court,  and  returned  by  the  clerk 
of  such  court  to  the  clerk  of  the  proper  county,  city  or  township.  (L.  1905, 
p.  95.) 


ARTICLE  XXV. 

Sinking  Funds — Investment. 

House    Bill    No.   115.,    L.   1910. 

AN  ACT 

Providing  for  the  Investment  of  Sinking  Funds  of  the  State;  or  of  Any 
County,  City,  Town,  Township,  School  District  or  Other  Municipality;  and 
Declaring  an  Emergency. 

BE  IT  ENACTED  BY  THE  PEOPLE  OF  THE  STATE  OF  OKLAHOMA: 
Section  1.  The  officers  having  charge  of  any  sinking  fund  of  the  State, 
or  of  any  county,  city,  town,  township,  school  district  or  other  municipality 
thereof,  may  invest  such  sinking  fund  in  the  bonds  or  warrants  of  the 
State  or  any  county,  city,  town,  township,  school  district,  or  other  munici- 
pality thereof;  or  in  any  public  building  warrants,  maturing  prior  to  the 
date  of  the  bonded  indebtedness,  for  the  payment  of  which  any  such  sinking 
fund  is  ceated;  or  such  officers  may  buy  and  cancel  the  outstanding  bonds 
of  the  State,  county,  city,  town,  township,  school  district  or  other  munici- 
pality which  they  represent,  when  ever  the  same  may  be  purchased  at  or 
below  par. 

Sec.  2.  An  emergency  necessary  for  the  preservation  of  the  public 
peace,  health  and  safety  is  hereby  declared  to  exist  by  reason  whereof  this. 
Act  shall  take  effect  from  and  after  its  passage  and  approval. 

BEN.  F.  WILSON, 
Speaker  House  of  Representatives. 

J.  C.  GRAHAM, 
President  Pro  Tempore  of  the 
Senate. 
Approved  March  24th,  1910. 

C.   N.   HASKELL, 
Governor  State  of  Oklahoma. 


ARTICLE  XXVI. 

Legalizing  Bond   Issues. 

Senate  Bill   No.  69,  L.  1910.  By  Blair. 

AN  ACT 

To  Legalize  Bond  Issues  of  Municipal  Corporations,  Counties,  Township* 
and  School  Districts  of  This  State;  and  Declaring  an  Emergency. 

BE  IT  ENACTED  BY  THE  PEOPLE  OF  THE  STATE  OF  OKLAOMA: 

Section  1.  All  bonds  issued  or  voted  in  good  faith  by  any  municipal 
corporation,  county,  township  or  school  district  in  this  State,  since  the  ad- 
mission of  this  State  into  the  Union,  where  the  amount  thereof  does  not 
exceed  the  limit  prescribed  by  the  Constitution,  and  where  the  election  at 
which  the  same  were  voted  was  conducted  in  substantial  compliance  with 
tL-i  law,  and  where  the  proceedings  of  the  municipal  authorities  of  any 
such  municipal  corporation,  county,  township  or  school  district  calling  any 
such  election  were  'conducted  in  substantial  compliance  with  the  law,  and 
the  bonds  were  authorized  by  the  requisite  vote  as  required  by  the  Con- 
stitution and  laws  of  Oklahoma,  and  when  the  full  contract  purchase  price 
has  been  paid  to  the  municipal  corporation,  county,  township  or  school  dis- 
trict issuing  the  same  are  hereby  made  legal  and  valid,  notwithstanding  any 
irregularities  in  the  proceedings  of  the  authorities  of  such  municipal  cor- 
poration, county,  township,  or  school  district  in  calling  any  such  election 
or  in  holding  the  same. 

Sen.  2.  An  emergency  is  hereby  declared,  by  reason  whereof  it  is  nec- 
essary for  the  immediate  preservation  of  the  public  peace  and  safety  that 
this  Act  take  effect  from  and  after  its  passage  and  approval. 

Passed  by  the  Senate,  March  3,  1910. 

J.  C.  GRAHAM, 
President  Pro  Tempore  of  the 
Senate. 
Passed  by  the  House  of  Representatives,  March  16,  1910. 

BEN..F.  WILSON, 
Speaker  of  the  House  of  Repre- 
sentatives. 
Approved  March  26th,  1910. 

C.  N.  HASKELL, 

Governor. 


ARTICLE  XXVII. 

Suffrage. 

SECTION  I       SECTION 

1.  Who  are  Qualified  Electors.  3.     Female  Suffrage. 

2.  Army  Officers  and  Navy  Officers.  j 

Sec.  1.  Qualified  Electors. — The  qualified  electors  of  the  State  shall 
be  male  citizens  of  the  United  States,  male  citizens  of  the  State,  and  male 
persons  of  Indian  descent,  native  of  the  United  States,  who  are  over  the 
age  of  twenty-one  years,  who  have  resided  in  the  State  one  year,  in  the  coun- 
ty six  months  and  in  the  election  precinct  thirty  days,  next  preceding  the 
election  at  with  such  elector  offers  to  vote:  Provided,  That  no  person  ad- 
judged guilty  of  felony  after  the  adoption  of  this  constitution,  subject  to 
such  exceptions  as  the  legislature  may  provide,  unless  his  citizenship  snail 
have  been  restored  in  the  manner  provided  by  law;  nor  any  person,  while 
kept  in  a  poor-house  or  other  asylum  at  the  public  expense,  except  Federal 
and  Confederate  ex-soldiers;  nor  any  person  in  a  public  prison,  nor  any 
person  in  a  public  prison,  nor  any  idiot  or  lunatic,  shall  be  entitled  to  vote 
at  any  election  under  the  laws  of  this  State.  (Article  III.,  Bunn's  Con- 
stitution, p.  18.) 

Sec.  2.  Army  and  Navy  Officers. — For  the  purpose  of  voting,  no  mem- 
ber of  the  regular  army  or  navy  of  the  United  States  shall  gain  a  residence 
in  this  State  by  reason  of  being  stationed  in  this  State,  nor  shall  any  such 
person  lose  a  residence  in  the  State  while  absent  from  the  State  in  ther 
military  or  naval  service  of  the  United  States.  (.JB.  <J.,  p.  18.) 

Sec.  3.  Female  Suffrage. — Until  otherwise  provided  by  law,  all  female 
citizens  of  this  State,  possessing  like  qualifications  of  male  electors,  shall  be 
qualified  to  vote  at  school  district  elections  or  meetings.  (B.  C.,  p.  18.) 


ARTICLE  XXVIII. 

Fire  Escapes. 


SECTION 

1.  Metallic  Fire  Escapes  Required. 

2.  Ropes  Provided. 

3.  Public  Notices. 


SECTION 

4.  Punishments. 

5.  Duty  of  Fire  Chief. 


Laws  of  1907-8. 

Sec.  1.  (3444-S.)  Fire  Escapes  Required.— Every  building  now  or  here- 
after used,  in  whole  or  in  part,  as  a  public  building,  public  or  private  in- 
stitution, school  house,  church,  theater,  public  hall,  place  of  assemblage, 
er  place  of  public  resort,  and  every  hotel,  family  hotel,  apartment  house, 
boarding  house,  lodging  house  or  tenement  house,  three  or  more  stories  in 
height,  shall  be  provided  with  one  or  more  metallic  ladders  or  stair  fire 
escapes  attached  to  the  outer  walls  thereof,  and  extending  from,  or  suitably 
near  the  ground,  to  the  uppermost  story  thereof,  with  platforms  of  such 
form  and  dimensions,  and  in  such  proximity  to  one  or  more  windows  of 
each  story  above  the  first  as  to  render  access  to  such  ladders  or  stairs 

—91— 


from  each  story  easy  and  safe;  the  number,  location,  material  and  con- 
struction of  such  escapes  to  be  subject  to  the  approval  of  the  fire  marshal, 
chief  of  the  fire  department,  city  or  town  marshal,  or  such  other  authority 
as  may  have  the  control  of  fire  regulations  in  any  city  or  town  where  such 
buildings  are  located:  Provided,  however,  that  all  buildings  more  than 
two  stories  in  height,  used  for  manufacturing  purposes,  or  for  hotels,  dorm- 
itories, schools,  seminaries,  hospitals  or  asylums,  shall  have  at  least  one 
such  fire  escape  for  every  thirty  persons  for  which  working,  sleeping  or 
living  accommodations  are  provided  above  the  second  stories  of  said  build- 
ings; and  that  all  public  halls  with  seating  room  above  the  first  or  ground 
story  shall  be  provided  with  such  number  of  said  ladders,  or  stair  fire 
escapes,  as  the  fire  marshal,  chief  of  fire  department,  city  or  town  mar- 
shal, or  such  other  authority  as  may  have  the  control  of  fire  regulations 
in  any  city  or  town  where  such  buildings  are  located  may  direct.  (L.  1907-8, 
p.  427.) 

Sec.  2.  Fire  Ropes  Also  Required. — Independent  of  and  in  addition 
to  the  external  iron  fire  escapes,  that  may  be  required  by  any  law  of  this 
State,  upon  any  hotel  or  large  boarding  house,  tenement  house,  or  any 
building  in  which  rooms,  or  floors  are  let  for  numerous  families,  whenever 
any  said  building  can  accommodate  twenty  or  more  individuals  and  is  two 
or  more  stories  in  height,  it  shall  be  the  duty  of  the  owners  of  all  said 
buildings  to  provide  and  cause  to  be  securely  affixed  inside,  to  a  bolt  three- 
fourths  of  an  inch  in  diameter  through  the  walls  near  a  window-head  of 
at  least  one  window  in  each  and  every  room  on  the  second  floor  and  in 
each  and  every  room  on  each  higher  floor,  a  rope  made  at  good  material 
not  less  than  one-half  inch  in  thicKness,  and  of  sufficient  length  to  extend 
to  the  ground,  or  other  place  of  landing;  such  rope  escape  in  each  room  to 
be  carefully  coiled  and  Kpt  near  the  sill  of  tne  \vinaow  to  which  the  csape 
is  attached  and  with  directions  of  manner  of  use  attached  thereto.  (L.  1907- 
8,  p.  428.) 

Sec.  3.  (3446-S.)  Notices. — It  shall  be  the  duty  of  every  proprietor,  cus- 
todian, superintendent,  or  other  person  or  persons  having  the  charge  and 
control  of  such  public  buildings,  mentioned  and  described  in  section  one 
hereof  to  post  notices  in  every  room  and  hall,  and  in  a  public  and  conspicu- 
ous place  in  such  building,  calling  attention  to  the  fact  that  this  act  has 
been  complied  with,  and  designating  the  places  on  each  and  every  floor  of 
such  building  where  such  metallic  ladders  or  stair  fire  escapes  and  such 
rope  escapes  are  located  and  may  be  found.  The  metallic  ladders,  or  stair 
fire  escapes,  and  the  rope  esapes,  in  this  act  provided  for  shall  be  furnish- 
ed, constructed  and  maintained  at  the  expense  of  the  owner,  or  owners  of 
the  buildings. 

Sec.  4.  (3447-S.)  Punishment. — Any  violation  of  any  of  the  provisions  of 
this  act  shall  be  deemed  a  misdemeanor,  and  any  person  convicted  thereof 
shall  be  punished  by  a  fine  of  not  less  than  five  dollars  nor  more  than  five 
hundred  dollars. 

Sec.  5.  (3448-S.)  Duty  of  Fire  Chief.— It  shall  be  the  duty  of  the  chief 
of  the  fire  department  in  all  cities  and  towns  to  visit  all  public  build- 
ings, hotels,  lodging  houses,  and  buildings  described  in  section  one  hereof, 
and  which  have  and  maintain  fire  escapes,  at  least  once  every  three 
months,  and  to  investigate  whether  the  provisions  of  this  act  are  duly  ob- 
served, and  to  report  all  violations  of  the  same  to  the  city,  or  prosecuting 
attorney  for  prosecution.  In  cities  or  towns  not  having  a  chief  of  fire  de- 
prtment,  it  shall  be  the  duty'  of  the  marshal  to  perform  the  duties  imposed 
by  this  section. 

—92— 


ARTICLE  XXVIII. 

The  Land  Commissioners  and  the  State  School  Funds. 


SECTION 

1.  The  Land  Commissioners. 

2.  Investment  of  Funds. 

3.  Depositing  Funds  in  Banks. 

4.  Expenses  of  Commissioners. 


SECTION 

5.  Reports  to  the  Legislature. 

6.  Apportionment  of  State  School  Fund. 

7.  Rules  and  Regulations. 

8.  Repeal  of  Senate  Bill  No.  141. 


(Laws  of  1908.) 

Sec.  1.  (7941-S.)  Commisioners. — That  the  commissioners  of  the  laud 
olfice,  consisting  of  the  governor,  the  secretary  of  state,  state  auditor,  su- 
perintendent of  puolic  instruction,  and  the  president  of  the  board  of  agri- 
culture, be  and  tney  are  hereby  authorized  and  empowered  to  manage,  loan, 
invest,  and  deposit,  the  permanent  school  fund  donated  to  the  Scate  of 
Okianoma  by  tne  Congress  of  the  United  States,  or  arising  from  the  sale 
of  lands  and  from  other  sources. 

Sec.  2.  (7942-S.)  Investment  of  Funds. — All  of  the  permanent  school 
funds  shall  De  invested  in  first  mortgages  upon  good  and  improved  farm 
lands  witnin  the  state,  (and  in  no  case  shall  more  than  fifty  per  cent  of 
the  reasonable  vame  of  the  lands,  without  improvements,  be  loaned  upon 
any  tract.)  The  interest  on  said  farm  loans  shall  not  exceed  five  per  cent 
per  annum.  Oklahoma  State  bonds,  county  Douds  of  the  counties  of  this 
State,  school  bonds  of  the  school  districts  of  the  State,  and  United  States 
bonds,  and  in  the  investment  of  said  funds  preference  shall  be  given  to 
such  securities  in  the  order  named. 

Sec.  3.  (7943-S.)  Depositing  Funds. — Until  such  time  as  said  funds  may 
be  safely  and  advantageously  invested  in  the  securities  mentioned  in  tae 
preceding  section,  said  commissioners  of  the  land  oriice  shall  be,  and  they 
are  hereby  authorized  and  empowered  to  deposit  said  sums  in  such  bankb 
or  trust  'companies  as  they  may  select,  but  shall  in  every  case  take  as 
security  for  such  deposits  the  following  classes  of  securities  and  no  others: 
Bonds  of  the  State  of  Oklahoma,  bonds  of  the  counties,  school  districts, 
cities  and  towns  of  this  State,  State  and  county  warrants  and  approved 
State,  county  and  municipal  bonds  of  other  states,  bonds  of  the  United 
States,  first  mortgages  on  real  estate,  warants  or  other  legal  evidences 
of  indebtedness  authorized  by  law  to  be  issued  by  municipalities  in  payment 
of  paving,  sewer,  water  works,  electric  light,  or  other  public  indebtedness 
and  for  which  a  special  tax  is  authorized  to  be  levied  and  collected  for 
the  payment  thereof,  and  surety  icompany  bonds,  and  as  additional  security 
on  any  deposit  which  said  board  may  make  the  said  commissioners  of  the 
land  office  shall  have  authority  to  accept  surety  companies  or  trust  com- 
panies as  sureties,  but  in  each  case  said  board  of  land  commissioners  shall 
accurately  investigate  the  value  of  securities  offered  for  such  deposits, 
providing,  however,  such  surety  company  or  trust  company  shall  neither 
be  in  any  manner  interested  directly  or  indirectly  in  any  bank  or  trust 
company  for  which  it  becomes  additional  surety,  nor  shall  any  surety 
bonding  or  trust  company  be  accepted  as  additional  surety  that  has  more 
than  one-fourth  of  its  paid  capital  invested  in  bank  stock.  The  said  board 
of  land  commissioner  may  whenever  they  deem  it  advisable  require  ad- 
ditional securities  after  a  deposit  is  made  as  they  deem  necessary  10  se- 
cure the  safety  of  the  deposit. 


Sec.  4.  (7944-S.)  Assistants,  Etc. — The  commissioners  of  the  land  office 
may  appoint  such  assistants  and  incur  such  expenses  as  are  necessary  in 
the  management  and  handling  of  such  property  and  funds  and  shall  pay 
such  expenses  out  of  the  income  of  the  school  funds. 

Sec.  5.  (7945-S.)  Reports  to  the  Legislature. — The  commissioners  of  the 
land  office  shall  report  to  this  legislature  before  final  adjaurnment  the 
condition  and  management  of  such  funds,  and  thereafter  to  each  legisin, 
ture. 

Sec.  6.  (Senate  Bill  No.  259.)  (7947-S.)  Apportion — Income. — The  com- 
missioners of  the  land  office  shall  apportion  the  income  of  the  state  school 
fund,  and  the  annual  taxes  collected  by  the  State  for  the  support  of  public 
schools,  to  those  counties  of  the  State  from  which  proper  reports  have 
been  received  by  the  superintendent  of  public  instruction,  and  such  ap- 
portionment shall  be  made  as  follows:  All  such  moneys  remaining  in  the 
State  treasury  on  the  15th  day  of  January  shall  be  apportioned  between 
the  15th  and  the  1st  day  of  such  month,  and  that  remaining  on  the  15th  day 
of  July,  shall  be  apportioned  between  the  15th  and  the  last  day  of  such 
month.  The  apportionment  to  each  county  shall  be  made  in  proportion  to 
the  number  of  children  over  the  age  of  six  years  and  under  the  age  of 
twenty-one  years  resident  therein  as  shown  by  the  last  annual  report  of 
the  county  superintendent  to  the  state  superintendent.  The  commissioners 
of  the  land  office  in  distributing  all  funds  mentioned  in  this  section,  shall 
draw  their  order  on  the  State  treasurer  or  other  officer  having  custody  of 
such  funds,  in  favor  of  the  county  treasurers  of  the  counties  respective^ 
entitled  to  school  moneys,  for  the  amount  of  such  moneys  apportioned  to 
his  county,  and  certify  the  amount  of  such  order  to  the  State  treasurer,  and 
also  to  the  county  clerk  and  superintendent  of  the  proper  -county;  provided, 
that  the  Federal  appropriation  made  shall  be  apportioned  by  said  commis- 
sioners after  the  passage  of  this  act  to  the  several  counties  entitled  to  the 
same  under  act  of  congress  providing  for  said  appropriation  in  proportion 
to  the  number  of  children  of  school  age  shown  by  the  last  Federal  census, 
and  provided  that  for  the  year  1908,  the  -commissioners  of  the  land  office 
shall  have  thirty  days  from  and  after  the  15th  day  of  March,  1908,  in  which 
to  make  the  apportionment  of  school  funds  to  the  various  counties  of  the 
State. 

Sec.  7.  (7948-S.)  Rules  and  Regulations. — The  commissioners  of  the 
land  office  are  hereby  authorized  and  empowered  to  make  all  necessary 
rules  and  regulations,  for  the  purpose  of  carrying  into  effect  the  provisions 
of  this  law. 

Sec.  8.  (Senate  Bill  No.  141.)  "An  Act  to  extend  the  time  of  making 
the  apportionment  of  the  school  fund  to  the  various  counties  by  the  State 
superintendent,  and  declaring  an  emergency,"  passed  and  approved  January 
17,  1908,  is  hereby  repealed. 


—94— 


ARTICLE  XXX 
AGRICULTURAL  AND  INDUSTRIAL  EDUCATION. 


SECTION 

1.  State  Commission. 

2.  Agriculture  in  Schools. 

3.  Duty  of  State  Superintendent. 

4.  Duty  of  County  Superintendent. 

5.  County  Certificates. 

6.  Agricultural     Departments     in     Normal 

Schools. 

7.  A.  &  M.  College  to  Direct  the  Work. 

8.  Chair  of  Agriculture  for  Schools. 

9.  Soil  Surveys,  etc. 

10.     A.  &  M.  diplomas  and  State  Certificates. 


SECTION 

11.  State  Commissioner  for  Agricultural  and 

Industrial  Education. 

12.  County  Examinations  for  A.  &  M.  College 

13.  Standard  of  Admission  to  A.  &  M.  College 

14.  District  Agricultural  Schools. 

15.  Experiment  Farms. 

16.  Farmers'  Courses. 

17.  Branches  to  be  Taught. 
J.8.     Appropriations. 

19.     Construction  of  Buildings. 


(Laws  1908- Franklin  Senate  Bill  No.  109.) 

Sec.  1.  (26-S.)  State  Commission. — For  the  purpose  of  carrying  out 
the  requirements  of  the  State  .constitution  relating  to  the  teaching  of  the 
elements  of  agriculture,  horticulture,  stock  feeding,  and  domestic  science 
in  the  common  schools  of  the  State,  there  is  hereby  created  a  "State  Com- 
mission of  Agriculture  and  Industrial  Education,"  consisting  of  the  State 
superintendent  of  public  instruction,  who  shall  be  chairman  thereof;  the 
president  of  the  State  board  of  agriculture,  and  the  president  of  the  Agri- 
cultural and  Mechanical  College,  each  of  whom  shall  serve  without  additional 
pay.  Said  commission  shall  'conform  to  the  rulings  of  the  State  board  of 
education,  shall  co-operate  with  all  State  normal  schools,  the  Agricultural 
and  Mechanical  Colleges,  and  the  State  board  of  agriculture,  and  said  boards 
and  institutions  are  hereby  required  to  co-operate  with  the  "State  Commis- 
mission  for  Agricultural  and  Industrial  Education"  as  far  as  practicable  and 
without  interfering  with  the  more  immediate  duties  of  said  boards  and  insti- 
tutions. Said  Commission  shall  make  a  report  in  writing  to  the  governor 
at  least  thirty  days  prior  to  the  regular  sessions  of  the  legislature,  including 
the  work  done  under  its  supervision  and  a  complete  account  of  all  funds  and 
their  disbursements  made  in  pursuance  of  this  act,  together  with  such 
recommendations  as  may  by  said  board  be  deemed  advisable. 

Sec.  2.  (77-S.)  Agriculture. — The  elementary  princ,iples  of  agriculture 
horticulture,  animal  husbandry,  stock  feeding,  foresty,  building  country 
roads,  and  domestic  science,  including  the  elements  of  economics,  shall  be 
embraced  in  the  branches  taught  in  all  the  public  schools  of  this  State,  re- 
ceiving any  part  of  their  support  from  this  State,  and  these  branches  shall 
be  studied  and  taught  by  observation,  practical  exercises,  and  the  use  of 
text  and  reference  books,  and  in  the  same  manner  as  are  other  like  required 
branches  in  said  public  schools. 

Sec.  3.  (78-S.)  Duty  of  State  Superintendent. — The  State  superintend- 
ent of  public  instruction  shall  investigate  and  determine  the  character,  ex- 
tent and  cost  of  courses  of  instruction  in  the  branches  provided  for  in  this 
act,  including  manual  training  adapted  to  the  different  schools;  and  through 
bulletins  and  public  addresses  give  information  to  school  boards  and  com- 
munities as  to  the  courses  and  character  of  instruction  which  have  proved 
most  satisfactory  and  best  adapted  to  various  schools.  He  shall  determine 
and  give  information  as  to  where  the  most  thoroughly  trained  and  best 
equipped  teachers  of  the  subjects  named  in  this  act  may  be  found,  and  shall 
formulate  and  recommend  plans  for  the  organization  of  training  and  normal 
schools  for  the  preparation  of  teachers  of  said  subjects.  He  shall  in  all 
proper  ways  seek  to  awaken  an  active  interest  among  teachers  in  the  sub- 

—95— 


jects  required  to  be  taught  in  this  act  and  shall  in  all  proper  ways  awaken 
public  sentiment  to  the  importance  of  teaching  said  subjects  in  the  common 
schools  and  all  public  schools  with  efficiency  and  success,  and  shall  make 
such  investigations  as  may  be  necessary  or  the  proper  performance  of  his 
duties  as  prescribed  in  this  act. 

Sec.  4.  (79-S.)  Duty  of  County  Superintendent. — All  county  superintend- 
ents of  education  shall  file  a  written  report  with  the  president  of  the  State 
board  of  education  annually  at  such  time  as  the  president  of  said  board 
may  require,  concerning  the  icost,  character  and  extent  of  such  courses  of 
instruction  in  the  branches  provided  to  be  taught  in  this  act  in  their  respec- 
tive counties,  together  with  such  reports  on  work  done  and  suggestions  in 
relation  thereto  as  the  president  of  the  State  board  of  education  may  require. 

Sec.  5.  (80-S.)  Agriculture  Required  for  Certificates. — After  July  1, 
1909,  no  person  shall  teach  and  no  certificate  shall  be  granted  to  an  appli- 
cant to  teach,  in  the  public  schools  receiving  aid  from  this  State,  who  has 
not  passed  a  satisfactory  examination  in  the  elements  of  agriculture  ana 
allied  branches  mentioned  in  this  act.  It  shall  be  the  duty  of  teachers  in 
all  schools  receiving  aid  from  the  State  to  file  quarterly,  or  at  such  times 
as  the  county  superintendent  may  require,  a  written  report  with  the  county 
superintendent  of  public  instruction  of  their  respective  counties,  in  full  de- 
tail, of  any  progress  made  or  work  done  in  the  different  branches  required 
to  be  taught  under  the  terms  of  this  act,  together  with  such  recommenda- 
tions as  they  may  deem  advisable,  and  such  other  information  as  the  county 
superintendent  may  require.  Any  teacher,  whose  duty  it  is  to  instruct  in 
the  branches  required  to  be  taught  by  this  act,  who  fails  or  neglects  to 
comply  with  the  provisions  o'f  this  act,  shall  be  discharged. 

Sec.  6.  (81-S.)  State  Normals  to  Assist. — The  State  normal  schools, 
and  like  schools  to  be  hereafter  created,  shall  lend  specific  assistance  iu 
carrying  out  the  purposes  of  this  act  by  preparing  teachers  for  the  work  of 
instruction  in  the  elements  of  agriculture  and  allied  branches  named  in  this 
act,  in  the  same  manner  as  teachers  are  prepared  for  other  required  sub- 
jects and  shall  render  such  co-operation  and  active  support  through  their 
respective  presidents,  officers  and  teachers  as  will  best  contribute  to  the 
successful  introduction  and  support  of  a  successful  system  of  agricultural 
and  industrial  education  for  the  schools  of  the  State.  There  shall  be  estao- 
lished  in  each  of  the  State  normal  schools,  located  or  to  be  hereafter  located, 
a  department  to  be  known  as  the  "Department  of  Agricultural  and  Industrial 
Education,"  with  a  professor  in  charge,  which  shall  give  such  instruction  in 
the  regular  course,  or  courses  as  may  be  deemed  necessary  for  the  instruc- 
tion of  teachers  in  the  public  schools  of  the  State.  For  the  purpose  of  estab- 
lishing such  departments  there  is  hereby  appropriated  out  of  the  treasury 
for  the  maintenance,  support  and  equipment  of  said  departments  the  sum 
of  two  thousand  five  hundred  dollars,  or  so  much  thereof  as  may  be  neces- 
sary, for  each  of  said  departments  established  in  pursuance  of  this  act 
in  the  three  existing  normal  schools. 

Sec.  7.  (82-S.)  Agricultural  College.— The  Agricultural  and  Mechanica' 
College  shall  be  the  technical  head  of  the  agricultural,  industrial  and  allied 
science  system  of  education,  and  its  president,  professors  and  employees 
shall  lend  such  assistance  in  carrying  out  the  objects,  aim  and  purposes  of 
the  State  constitution  requiring  the  teaching  of  agriculture  and  allied  prac- 
tical subjects  as  shall  not  conflict  with  the  immediate  duties  incumbent  on 
them  in  said  institution. 

Sec.  8.  (83-S.) — Chair  of  Agriculture. — There  is  hereby  created  the  "Chair 
of  Agriculture  for  Schools,"  who  shall  be  a  member  of  the  faculty  of  the 


Agricultural  and  Mechanical  College,  whose  duty  shall  be  to  direct  and  ad- 
vise in  all  matters  relating  to  the  teaching  of  agriculture  and  allied  subjects 
in  the  common  schools,  under  the  supervision  of  the  president  of  the  Agri- 
cultural and  Mechanical  College,  and  he  shall  be  paid  from  the  funds  of 
the  Agricultural  and  Mechanical  College.  He  shall  visit  the  schools,  the 
teachers'  institutes,  the  summer  normal  schools,  and  the  State  normal 
schools,  advise  with  the  teachers  and  officers  concerned,  and  plan  such 
means  of  co-operation  in  the  improvement  of  methods,  appliances,  the  use  of 
seeds,  plants  and  trees  as  may  from  time  to  time  be  necessary,  and  shall 
prepare,  print,  and  distribute  such  leaflets  and  other  literature  as  may  be 
helpful  to  teachers  and  pupils  concerning  or  engaged  in  teaching  industrial, 
practical  and  scientific  subjects  bearing  on  technical  and  practical  agricul- 
ture and  its  allied  branches. 

Sec.  9.  (84-S.)  Surveys.— It  shall  be  the  duty  of  the  Agricultural  and 
Mechanical  College,  under  the  board  of  agriculture,  (ex-officio  board  of  re- 
gents of  said  institution)  to  carry  on  all  natural  history  surveys,  soil  sur- 
veys, mineral  and  forestry  surveys  that  are  now  provided  for  by  the  laws 
of  the  State,  or  that  may  hereafter  be  provided  for,  and  it  shall  be  the  duty 
of  said  Agricultural  and  Mechanical  College  to  co-operate  with  the  national 
department  of  agriculture  in  carrying  out  the  surveys  herein  mentioned,  and 
in  the  construction  of  country  roads,  and  in  all  ways  and  by  all  means  to 
supply  the  schools  and  the  people  with  agricultural  and  technical  facts 
demanded  by  the  spirit  of  this  act. 

Sec.  10.  (85-S.)  Graduates. — Any  students  having  completed  the  regu- 
lar four  years'  (normal)  course  of  study  in  the  Agricultural  and  Mechanical 
College  and  receiving  a  diploma  from  said  college,  shall  be  granted  a  perma- 
nent teachers'  certificate  of  first  grade  by  the  State  superintendent  of  public 
instruction  when  application  for  such  certificate  has  been  duly  made  and 
approved  by  the  "State  Commission  of  Agriculture  and  Industrial  Educa- 
tion." 

Sec.  11.  (86-S.)  Course  of  Study. — The  "State  Commission  for  Agri- 
cultural and  Industrial  Education,"  with  the  assistance  of  such  experts  in 
agricultural  education  as  may  be  secured  from  the  State  and  national  de- 
partments of  agriculture,  shall  have  authority  and  it  shall  be  their  duty 
to  prepare  a  detailed  course  of  study  in  the  elements  of  agriculture  and 
allied  subjects,  domestic  science,  and  economics  adapted  to  the  needs  of 
instruction  in  the  elementary  and  secondary  schools  of  the  State.  The 
commission  shall  prepare  a  syllabus  of  the  course  of  study  in  each  subject, 
in  such  detail  and  with  such  elaboration  of  the  body  of  knowledge  to  be 
considered  as  may  be  necessary  for  the  organization  and  administration  of 
the  proper  courses  of  instruction  in  said  branches.  In  preparing  the  courses 
of  study  required  to  be  taught  by  this  act,  any  of  said  subjects  may  be  com- 
bined in  one  text  book  ,so  they  will  be  adaptable  to  the  various  schools 
in  which  they  are  taught,  at  the  same  time  so  far  as  possible  giving  practical 
educational  values  to  each  subject.  Upon  the  satisfactory  completion  of 
sa,id  course  of  study,  as  evidenced  by  a  diploma  or  a  certificate  signed  by 
the  county  superintendent,  pupils  shall  be  admitted  to  the  sub-freshman  or 
higher  class  of  Agricultural  and  Mechanical  College  without  further  exam- 
ination. It  shall  be  the  duty  of  the  president  of  the  Agricultural  and 
Mechanical  College  each  year  to  send  to  each  school  in  this  State  where 
such  branches  as  required  by  this  act  are  taught,  a  catalog,  and  upon  appli- 
cation to  furnish  said  schools  such  other  information  as  may  be  desired 
relative  to  said  College.  Such  catalogs  and  other  information  shall  be  kept 
in  each  school  for  reference. 

Sec.  12.  (87-S.)  Examinations.— It  shall  be  the  duty  of  the  State 
Superintendent  of  public  instruction  to  secure  at  least  twice  a  year  a  set  of 

—97— 


examination  questions  in  all  the  studies  required  for  admission  to  the  Agri- 
cultural and  Mechanical  College,  and  he  shall  send  a  printed  list  of  same  to 
each  county  superintendent  which  shall  be  used  in  examining  Candidates 
who  may  desire  to  enter  said  College. 

Sec.  13.  (88-S.)  County  Superintendents  to  Examine. — It  shall  be  the 
duty  of  the  county  superintendent  to  give  public  notice  of  the  examination 
provided  for  in  the  preceding  section  at  the  time  of  all  regular  teachers' 
examinations,  and  to  submit  such  questions  to  any  candidate  who  may  de- 
sire to  enter  the  Agricultural  and  Mechanical  College.  The  examinations 
shall  be  conducted  in  the  same  manner  as  are  regular  teachers'  examina- 
tions of  the  county.  The  work  of  each  and  every  candidate,  together  with 
the  name  and  address  shall  be  forwarded  by  the  State  superintendent  within 
ten  days  from  the  date  of  the  examination,  and  by  him  to  the  president  of 
the  College,  who  shall  examine  and  grade  the  answers,  and  report  to  the 
candidate  as  soon  as  possible,  after  the  receipt  of  the  paper,  the  result  of 
the  examination.  An  average  grade  of  70  per  cent  in  each  branch  will 
admit  the  candidate  to  the  Agricultural  and  Mechanical  College  without 
further  examination. 

Sec.  14.  (89-S.)  Schoolls  to  be  Established.— There  shall  be  established 
in  each  of  the  supreme  court  judicial  districts  a  district  agricultural  school 
of  secondary  grade  for  instruction  in  agriculture  and  mechanics  and  allied 
branches  and  domestic  science,  and  economics,  with  courses  of  instruction 
leading  to  the  Agricultural  and  Mechanical  College,  and  the  State  normals. 
At  least  two  of  said  agricultural  schools  shall  be  located  and  established 
every  two  years  from  and  beginning  July  1,  1908,  and  every  two  years  there- 
after, until  one  of  said  agricultural  schools  has  been  provided  for  each 
existing  supreme  court  judicial  district.  Provided,  That  each  of  said 
agricultural  schools  shall  be  provided  with  not  less  than  eighty  acres  of 
land  without  cost  to  the  State  and  deeded  in  perpetuity  to  the  State.  The 
location,  operation,  and  equipment  of  said  agricultural  schools  shall  be 
under  the  administration  of  the  "State  Commission  of  Agricultural  and 
Industrial  Education,"  subject  to  the  approval  of  the  board  of  agriculture. 

Sec.  15.  (90-S.)  Experiment  Farm. — There  shall  be  an  experimental 
farm  operated  by  each  of  the  said  agricultural  schools  on  which  careful 
trials  shall  be  made  of  the  best  fruits,  vegetables,  flowers,  field  and  forage 
crops,  fertilizers,  and  stock  feeds  for  that  section  as  well  as  the  systems  of 
dairying,  drainage,  irrigation  and  farm  management  that  may  be  considered 
of  practical  value  and  adapted  to  the  needs  of  the  people  in  such  supreme 
court  judicial  districts;  Provided,  That  each  district  agricultural  school 
shall  make  at  'least  one  report  annually  to  the  governor  of  the  State  cover- 
ing all  work  done,  its  cost,  the  results,  and  the  probable  value  of  such 
experiments,  which  report  shall  be  published  for  free  distribution  to  farm- 
ers, fruit  and  vegetable  growers  and  stockmen  in  the  supreme  judicial  dis- 
trict in  which  said  school  is  located. 

Sec.  16.  (91-S.)  Short  Courses. — There  shall  be  held  annually  by  each 
of  said  agricultural  schools  a  farmers'  short  course  extending  over  at  least 
one  week  and  embracing  practical  and  elementary  scientific  instruction  in 
those  branches  of  agriculture  that  may  be  deemed  most  important  in  the 
supreme  court  judicial  district  in  which  any  such  agricultural  school  is  lo- 
cated at  the  time  such  short  course  of  instruction  is  to  be  provided,  includ- 
ing a  course  in  domestic  economy,  canning,  preserving  and  cooking.  There 
shall  be  no  fees  charged  for  attendance  on  these  practical  courses  of  -in- 
struction and  no  entrance  examinations  may  be  required:  Provided,  That 
all  white  citizens  over  fifteen  years  of  age  shall  be  entitled  to  admission  to 
such  courses. 


Sec.  17.  (92-S.)  Common  School  Branches. — No  courses  of  instruction 
shall  be  offered  in  such  agricultural  schools  other  than  industrial  courses 
but  this  shall  not  exclude  teaching  the  common  school  branches,  the  lan- 
guages, manual  training,  manufacture,  the  sciences,  and  other  necessary 
studies  as  subjects  in  the  industrial  course. 

Sec.  18.  (93-S.)  Appropriation. — There  is  hereby  appropriated  out  of 
the  building  fund  of  the  State  treasury  for  the  purpose  of  erecting  the 
necessary  building,  or  buildings,  for  the  two  first  schools  the  sum  of  $20,000, 
or  so  much  thereof  as  may  be  necessary,  for  each  school,  and  out  of  the 
State  treasury  for  the  maintenance  and  support  of  such  schools  the  sum 
of  $12,000  for  each  school  per  annum  for  maintenance  during  the  first  year; 
provided  that  one-fourth  of  the  sum  herein  appropriated  for  the  support 
and  maintenance  of  such  schools  shall  be  expended  in  developing  agricul- 
tural experiments  in  field,  barn,  orchard,  shops,  and  garden  of  practical 
value  to  students  of  the  school  and  to  farmers  of  the  supreme  court  judicial 
district  in  which  such  school  may  be  located. 

Sec.  19.  (94-S.)  Advertisements. — The  "State  Commission  and  Agri- 
cultural! and  Industrial  Education"  is  hereby  authorized,  subject  to  the  ap- 
proval of  the  board  of  agriculture,  to  advertise  for  plans  and  specifications 
and  to  contract  under  the  terms  of  this  act  for  the  construction  of  such 
buildings  subject  to  such  laws  as  are  in  force  governing  the  advertising  for 
plans  and  specifications  and  the  construction  of  other  public  buildings. 


ARTICLE  XXXI. 
Child  Labor  Law. 


SECTION 

1.  Schooling  Certificate. 

2.  Approval  of  Certificate. 

3.  Evidence  Required  for  Approval. 


SECTION 

4.  Attendance  Certificate,  etc. 

5.  Violations  Penalized. 

6.  Repeal  Clause. 


Sec.  1.  (8-S.)  School  Certificate. — Before  any  child  under  the  age  of 
sixteen  years  shall  be  employed  in  any  occupation  specified  in  section  one 
of  this  act,  it  shall  be  the  duty  of  the  parent  or  guardian  of  such  child  to 
procure  and  furnish  the  employer  of  such  child  an  age  and  schooling  cer- 
tificate as  hereinafter  provided  by  this  act. 

It  shall  be  the  duty  of  every  person,  firm  or  corporation  of  such  estab- 
lishments as  are  specified  in  section  one  of  this  act,  or  employers  in  such 
occupations,  to  keep  on  file  for  the  inspection  of  factory  inspectors,  truant 
officers,  or  other  persons  charged  with  the  administration  of  this  act,  such 
age  and  schooling  certificate,  for  every  child  under  sixteen  years  of  age 
employed  in  such  occupation,  and  to  keep  on  file  and  to  post  conspicuously 
in  every  room  where  such  children  are  employed  a  register,  with  a  complete 
list  of  children  under  sixteen  years  of  age  so  employed,  together  with  the 
age  of  each  child  as  set  forth  in  the  age  and  schooling  certificate  opposite 
the  name  of  such  child,  and  also  to  keep  on  file  and  to  post  conspicuously 
in  such  place  or  establishment,  in  such  form  as  the  factory  inspector  may 
prescribe,  the  time  of  opening  and  closing  such  factory  or  other  estab- 
lishment, the  number  of  hours  of  labor  required  or  permitted  in  such  estab- 
lishment, the  hours  of  commencing  and  stopping  work,  and  the  time  allowed 
for  meals,  and  if  there  be  two  or  more  shifts  in  such  establishment  the  num- 
bers of  hours  in  each  shift  during  which  the  employes  are  required  or  per- 
mitted to  work.  On  termination  of  the  employment  of  a  child  so  registered, 
and  whose  certificate  is  so  filed,  such  certificate  shall  be  forthwith  surren- 
dered by  the  employer  to  the  child  or  its  parent  or  guardian  or  custodian. 
The  inspector  of  factories,  truant  officer  or  other  person  charged  with  the 
administration  of  this  act,  may  make  demand  on  an  employer  in  whose 
factory  or  establishment  a  child  apparently  under  the  age  of  sixteen  years 
is  employed  or  permitted  or  suffered  to  work,  and  whose  employment  cer- 
tificate is  not  then  filed  as  required  by  this  section,  that  such  employer 
shall  either  furnish  him,  within  ten  days,  evidence  satisfactory  to  him  that 
such  child  is  in  fact  over  sixteen  years  of  age,  or  shall  cease  to  employ  or 
permit  or  suffer  such  child  to  work  in  such  factory  or  establishment.  Such 
officer  may  require  from  such  employer  the  same  evidence  of  age  of  such 
child  as  is  required  on  the  issuance  of  an  employment  certificate;  and  the 
employer  furnishing  such  evidence  shall  not  be  required  to  furnish  any 
further  evidence  of  the  age  of  the  child.  In  case  such  employer  shall  fail  to 
produce  and  deliver  to  such  officer,  within  ten  days  after  such  demand,  such 
evidence  of  age  herein  required  by  him,  and  shall  thereafter  continue  to  em- 
piloy  such  child  to  work  in  such  factory  or  establishment,  proof  of  the  giving 
such  evidence  shall  be  prima  facie  to  produce  and  file  such  evidence 
such  evidence  shall  be  prima  facie  evidence  in  any  prosecution  brought  for 
a  violation  of  this  provision  of  this  act  that  such  child  is  under  sixteen 
years  of  age  and  is  unlawfully  employed. — L.  1909,  S.  B.  11,  pp.  631-2.) 

Sec.  2.  (9-S.)  Approval  of  Certificate. — The  age  and  schooling  certifi- 
cate shall  be  approved  only  by  the  county  'superintendent  of  public  instruc- 
tion, or  other  school  official  designated  by  him,  who  shall,  for  the  purpose 
of  this  act,  be  empowered  to  administer  an  oath. — (L.  1909,  S.  B.  11,  p.  632.) 

—100— 


Sec.  3.  (19-S).  Evidence  Required. — The  age'  and  schooling  certificate 
shall  not  be  approved  unless  satisfactory  evidence  is  furnished  by  the  last 
school  census,  or  certificate  of  birth,  or  the  register  of  the  city  or  county, 
or  an  affidavit  of  the  date  of  such  birth  by  a  legally  registered  physician 
residing  therein,  stating  the  time  of  birth  of  such  child,  or  the  school  record 
of  such  child,  in  the  public  or  other  school,  setting  forth  the  age  of  such 
child;  Provided,  that,  in  cases  where  such  evidence  cannot  be  obtained  and 
the  child  appears  to  be  in  good  health,  and  of  normal  size,  of  not  less  than 
sixty  inches  in  height  and  weighing  not  'less  than  eighty  pounds,  the  parent 
or  guardian  of  such  child  may  make  affidavit  stating  the  age,  place  and 
time  of  birth  of  such  child,  or  if  the  child  shall  have  no  parent  or  guardian, 
such  affidavit  may  be  made  by  the  child.  The  affidavits  required  by  this 
section  must  be  taken  before  the  officer  issuing  the  employment  certificate, 
who  is  hereby  authorized  and  required  to  administer  such  oath,  and  who 
shall  not  demand  or  receive  a  fee  therefor.  The  employment  certificate 
shall  not  be  issued  until  such  child  has  further  personally  appeared  before 
the  officer  issuing  the  same  and  he  is  satisfied  that  such  child  is  physically 
able  to  perform  the  work  which  it  intends  to  do.  In  doubtful  cases,  such 
physical  fitness  shall  be  determined  by  a  medical  officer  of  the  board  or 
department  of  health.  Every  employment  certificate  shall  be  signed,  in  the 
presence  of  the  officer  issuing  the  same,  by  the  child  in  whose  name  it  is 
issued.— (L.  1909,  S.  B.  11,  pp.  632-3.) 

Sec.  4.  (11-S.)  Attendance  Certificate. — The  age  and  schooling  certif- 
icate shall  not  be  approved  until  the  parent  or  guardian  of  such  child  shall 
present  a  school  attendance  certificate  as  hereinafter  prescribed  by  this 
act.  A  duplicate  of  such  age  and  schooling  certificate  shall  be  filled  out 
and  sent  by  the  school  officer,  before  whom  the  same  is  made,  to  the  Com- 
missioner of  Labor.  The  blank  forms  for  school  attendance  certificate  and 
for  the  age  and  schooling  certificate  shall  be  supplied  to  the  county  superin- 
tendents of  pub'lic  instruction  by  the  state  superintendent  of  public  instruc- 
tion as  hereinafter  indicated: 


SCHOOL  ATTENDANCE   CERTIFICATE. 


(Name    of    School) 

(City   and   County) 

(Date) 


This  certifies  that (Name  of  child)    can  read   and 

write  simple  sentences  in  the  English  language  and  that  according  to  the 

records  of  this  school  and  in  my  belief  is  now 

(number  of  years  and  months)  old,  and  has  attended  school  during  the  full 
school  term  of  the  preceding  year. 


(Name   of   Parent  or   Guardian) 

__    _    (Residence) 

(Signature   of  Teacher) 

—101— 


AGfi  AND  SCHOOL  CERTIFICATE. 

This  certifies  that  I  am (father,  mother  or  guardian)  of 

__(name  of  child)  and  that  he  (or  she)  was  born  at__ 

(town  or  city) (county)  (state  or  county) 

on  the (day,  month  and  year  of  birth)  and  is  now 

(number  of  years  and  months  old.) 

(Signature   of   parent   or   guardian.) 

(Date) 

(City  or  town  or  county) 

Personally  appeared  before  me  the  above  mentioned 

(name  or  person  signing)  and  made  oath  that  the  foregoing  certificate  is 
true  to  the  best  of  his  (or  her)  knowledge  and  belief. 

I  hereby  approve  the  foregoing  certificate  of (name  of  child,) 

height (feet  and  inches,)  weight (pounds,)  complex- 
ion  (fair  or  dark,)  hair (color,)  eyes (color,) 

having  no  sufficient  reason  to  doubt  that  he  (or  she)  is  of  the  age  therein 
certified. 

OWNER  OF  CERTIFICATE. 

This   certificate  belongs  to (name  of   child)    and   is   to   be 

surrendered  to  him  (or  her)  whenever  he  (or  she)  leaves  the  service  of  the 
employer  holding  the  same,  but  if  not  claimed  bv  said  child  within  thirty 
days  aftr  leaving  said  service,  shall  be  sent  to  the  commissioner  of  labor. 


(Signature  of  officer,  with  name  of  city,  town  or  county  and  date.) 

— (L.  1909,  S.  B.  11,  pp.  632-3.) 

Sec.  5.  (12-S.)  Violations  Penalized. — Any  person,  firm  or  corporation 
violating  any  of  the  provisions  of  this  act  shall  be  punished  by  a  fine  of  not 
less  than  ten  dollars  nor  more  than  fifty  dollars,  or  imprisonment  for  not 
less  than  ten  nor  more  than  thirty  days,  or  by  both  such  fine  and  imprison- 
ment. The  employment  of  any  child  under  sixteen  years  of  age  without  a 
certificate  as  herein  prescribed  or  the  employment  of  any  child  under  six- 
teen years  of  age  or  any  girl  or  woman  underground  in  any  mine  or  quarry, 
or  the  signing  of  any  false  statement  as  to  the  age  of  any  child,  or  the 
making  of  any  false  statement  in  an  affidavit  of  an  employer,  shall  be 
prima  facie  evidence  of  guilt.  It  shall  be  the  duty  of  the  commissioner  of 
labor  to  see  that  the  provisions  of  this  act  are  enforced,  with  the  exception 
of  section  three  shall  be  enforced  by  the  mine  inspector  or  under  his 
direction.— (L.  1909,  S.  B.  11,  p.  634.) 

Sec.  13.  All  laws  and  parts  of  laws  in  conflict  with  this  act,  be  and  the 
same  are  hereby  repealed. 

Approved  March  2,  1909.  (L.  1909,  S.  B.,  11,  p.  634.) 


—102— 


ARTICLE  XXXI. 
THE  STATE  SUPERINTENDENT'S  OPINIONS  BOILED    DOWN. 


1.  May  women  be  elected  members  of  school  boards?    Yes. 

2.  May  women  vote  at  school  elections?    Yes. 

3.  May  postmasters  and  other  federal  officials  serve  on  school  boards? 
As  a  general  rule  it  is  not  legal,  but  an  exception  is  made  in  the  case  of 
fourth  class  postmasters. 

4.  May  school  officers  employ  their  relatives  as  teachers?     No. 

5.  When  a  school  treasurer  is  not  elected  in  cities  of  the  first  class  at 
the  city  elections  how  is  he  elected?    By  the  city  council. 

6.  What  member  of  the  district  school  board  is  elected  in  1910?    The 
clerk.    In  1911  the  director.    In  1912  the  treasurer. 

7.  How  long  does  an  appointed  member  of  the  district  school  board 
serve?     Only  until  the  first  annual  school  meeting  following  the  date  of 
his  appointment. 

8.  When  there  is  a  partial  change  in  the  board,  may  the  old  board 
employ  teachers  or  make  other  necessary  contracts?    Yes.    The  courts  rule 
that  such  a  board  is  a  'continuous  body  and  the  retirement  of  a  portion  of 
its  members  does  not  destroy  its  existence  as  a  corporate  body. 

9.  When  there  is  a  complete  change  in  the  board,  may  the  old  board 
employ  teachers  and  make  contracts  for  insurance,  buildings,  etc.?     Ordi- 
narily this  can  not  be  done,  but  the  Williams  bill  contains  a  clause  legal- 
izing such  procedure  and  gives  the  present  board  the  right  to  make  such 
contracts. 

10.  What  is  the  legal  limit  of  indebtedness   for  any  school   district? 
The  limit  fixed  by  the  constitution  in  Article  X,  Sec.  26,  is  5  per  cent  and 
this  applies  instead  of  the  4  per  cent  fixed  by  the  statutes  of  Oklahoma 
prior  to  statehood.     See  also  Art.  XXI,  H.  B.  14,  L.  1910. 

11.  Can  school  houses  be  built  on  segregated  coail  land?     No — unless 
permission  is   secured  from  the   secretary   of  the   interior  at  Washington, 
D.  C. 

12.  Can  a  school  district  through  the  County  Excise  Board  under  any 
circumstances  vote  more  than  five  mills  on  the  dollar  for  school  purposes? 
Yes.       (See  Article  XIII,  H.  B.  14,  L.  1910.)     (See  Article  VIII,  Section  3  in 
this  book.)     For  building  purposes.     (See  Article  VIII.,  Section  4.) 

13.  Is  the  county  superintendent  entitled  to   a  fee  of   $3.00   per  day 
while  serving  as  a  member  of  the  county  board  of  examiners?     Certainly 
so,  regardless  of  what  his  salary  may  be. 

14.  May    county    superintendents    recognize    or    renew    federal    certifi- 
cates?    Only  when  applicants  attend  the  county  institute  and  comply  with 
the  provisions  of  the  Evans  institute  law. 

15.  Has   the  county  treasurer   any  right  to   pay   out  money   received 
from  fines  and  forfeitures  reverting  to  the  county  school  fund  until  such 
fund  has  been  properly  apportioned  by  the  county  superintendent?     No. 

16.  Is  it  the  duty  of  the  county  superintendent  to  apportion  the  county 
school  fund  at  the  same  time  he  apportions  the  State  school  fund?    Yes. 

17.  Is  the  use  of  supplementary  texts  compulsory?    Answer,  No. 

18.  May  members  of  city  council  serve  as  members  of  school  boards? 
Answer:     No.     See  S.  B.  24,  L.  1910. 

19.  Are  county  superintendents  entitled  to  a  visitation  fee  of  $1.00  per 
room  or  only  $1.00  per  school  regardless  of  the  number  of  rooms?    Answer: 
The  latter. 

—103— 


Page. 

Adjacent  Territory  Attached 21 

Agricultural  Instruction ^5 

A.  &M.  Diplomas.. 75 

Annual  Meeting1,  Art  f> ....30 

•nt  School  Land  Fund B  &  94 

Appeals  on  District  Formation  30 

.tingr  Law  for  Supplies  and  Books.  17 

Attendance  Certificate  69  &  lol 

Arbor  Day  ..^B 74 

Biennial  Retort.... 7 

Board  of  Directors  Vacancies 10 

asioner  H4 

Bonds  to  ReJ'und 85 

Bonds— City^B 24  &  25 

Bonds— General  34 

Bonds— Officers  Certificate 80 

debtedness S5 

Bonds  Fundii^H 85 

Bond  Limits  • 8f> 

Books  &  Supplies 12 

Business  Day  Defined 76 

Branches  to  be  Taught  .100 

Child  Labor  I 
City  Election 
City  Electors™ 



County  Superintendei 

County  Excise  Board    82 

Change  of  School  House 31 

City  Board  of  Education 22 

Cities  of  the  First  Class 21 

Common  Schools  Defined 20 

College  Grades    5 

Condemning  Sites  32 

Consolidated  District,  Art.  12 55 

Chair  of  Agriculture 96 

Compulsory  Attendence  , 68 

County  High  School,  Art.  10 50 

Conductors'  Institute  Report,  Art.  13.  Sec.  8190..58 
County  Superintendents    3 

Districts-School 29 

District— Officers 41 

District— Treasurer    43 

Districts— Joint   

Districts— Disorganized,  Art.  12.  Sec.  8170 56 

Districts— New 29 

Districts  in  More  Than  One  County,  Art.  8  Sec. 
8080 40 

Disorganized  District  Property,  Art.  14.  Sec.  8174 

Estraya 72 

Ethics  71 


Fit 

Fii 
Fli 


Jo: 

loi 

Ki 

Lit 
La 
Le 

Mi 

Nc 
N< 


aid  Into  School  Fund:  ....................  73 

............................................  91&92 

.....................................................  71 

m  ..............  .........  .............................  72 

Schools    ....................................  :..40 

jea,  Art.  13  Sec.  8187  ......................  68 

is.  Art.  11  ....................................  64 


Mid  Issues 


3.  Art.  17. 


..39  &  70 


Of 


..39 


..43 

..24 


tutes,  Art.  13 58 

ol  Certificates  ....74 

76&T8 

trict.  Art.  9 41 

,nds 85 

chool  Houses,  Sec.  8076 38 

Certificates.  Act.  13.  Sec.  8185  59 

axation  Constitutional  Provisions...79 
egislative  Provisions 81 

lation.  Art.  7. ... 

School  Laws  Publication 

School  Month 

School  Dist.  Treasurer  Bond,   Art.   9.   Sec. 

Duties  8095 

Sectarian  Instruction— Not  Allowed.  Sec.  8028 

Sinking  Fund 

State  Superintendent 

School  Land  Board 

Special  School  Meeting 

State  Board  of  Education 

State  Certificates  

State  Uniform  Books 

Suffrage 

Separate  Schools.  Art.  14 

State  Superintendent's  Opinions  ... 
State  Superintendent's  Duties  

Tuition 

Three  Months'  School 

Teachers  and  Certificates    

Teachers'  Contract.  Sect.  8111 

Tax.  Levy,  H.  B.  14.  Spl.  1910    

Text  Book  Commission 

Tax  Limits 

Two  or  More  School  Houses  

Transfer  of  Separate  School  Pupils.. 

Union  Schools  

University  Diploma   

Vote  Required  for  County  Tax  Ley 
Vote  Required  for  School  Districts.. 

Warrants— How  Paid 

Warrants— Registered 


...30 
....5 
....5 
...13 
...91 
..62 
.103 


..70 
..74 
..46 
..81 
..13 
..79 
..34 


..55 

..75 


..43 

.44 


PEERLESS   PRESSe 


^OKLAHOMA     CITY 


—104— 


GIFT 


STATE  OF  OKLAHOMA 


SCHOOL  LAWS 


Passed  by  the 


Third  Legislature 

1911 


UNIVEft 

OF 


COMPILED  BY 
R.  H.  WILSON,  State  Superintendent 


PRESS  OF  HERALD-DEMOCRAT 
McAlester.  Okla. 


CONTENTS  ^ 

Pr   ••••  ..  •    •  .....  -.    ..    ,     .....    ... 

Proposed  Amendment,  providing  for  the  levying  of  %  tax 

!  ;    ?  for;  ;the-  benefit;  of  (Dommori  Schools,  '     House  Joint 

Resolution  No.  !2.:  T'age  '  .  :  ;  ;  .  .  .•  .  ........  ......  :» 

TC  •-•  •  -  ••  -  -  ...  .....  s;v 

To  give:  to'Commer,cj&LQiuhs  a  right  to'  lease  attd  purchase 
State   lands.      House   Bill   No.    8'5-     -Tage    .......  iJ 

y.    }.  •   r  ...... 

(To  gjve  any  .purchaser,  of  school  land,  the  privilege  of  pay- 
ing all  deferred  payments.  flcraSe  Bill^o.  86rPage.  i 


ie  ,and  creating  a.  fun^  to  be  kri6wn  as'  consoli- 
dated school  district  fund.  House  Bill  'No.  9&r  Page       8 

Providing  for  the  •.Attendance  .of  school  children  in  dis- 
;  .-,,  ftrjcts  other;  ,  |.haii  the  distHcts  i"n  'which  they*  reside. 

House  Bill  No.   108.  !   Page    .....  .  .......  --------  £n      10 

:  Directing;  .County  Superintendents  to  employ  tlie  teachers 
!  .;    ••  for  separate  or  minority  schools.  House  Bill  No.  145. 

Page  '.:;.;.::.:;::::..;....;.;  4  >  ,  .......  i  .  ..     i  L 

Requiring  all  splxopl,  funds,  to  be  deposited  in  banks  paying 
:  :•;»         3  ;per  cent  interest  on  daily  balances.'  Hdiise-  Bill  No. 

396.    'Page    .........................  .......  .  !  .      12 


fpr  sale  of  school  ,  lands  fdr  sites  for  '  school 
houses.     Senate  Bill  No.  62:     Page   .  .  .  _________  ..'.'..      12 

Giving;  the  Cpu?ity  Supermtendents  the  fight  to  employ 
an  assisitanjt  ;  ,aljpwirig  them1  traveling  expenses 

;:  while  inspecting  schools.  !  Semite  -Sill  s  No.  85. 

Page  ..........  ..........  .  .  .  .  .  .  .  ,  .  -------  ...(..  14 

Rel:ating  tp-fhe  issuance  of  .warrants  and  certificates  of 

indebtedness,  etc:  (  Se:riate(  BHf  ;No.  100.  Page  .  .  .  J  .  .      14 

Providing  --for,  a  State  Board  of  Education.     Seiiate  Bill 

No.    1W7      Page    .  .  .  .  .  .  .  .  .  .  .  .  ;.  ......  ......  .  ^  .  .      18 

Empowering  the   Sta,te  .Superintendent     to     appoint      a 
>      State  Inspector  '  of  Schools.      Senate  'Bill:  No.    139. 
Page  -...  .......  ....:;..     .........  ---------  '.  ».  .  .      20 

Provrd-ijig  fpr  transportation  of  pupils     in     consolidated 

school  districts;  "  HOusfe  Bill  No.  4€2.  Page    .  .  .1.  .  .      21 


SCHOOL  LAWS 


ENROLLED. 

House  Joint  Resolution  Xo.  2. 

By  Milburn,  Killam  and  Coyne  of  the  House  and  Franklin 
of  the  Senate. 

A  Resolution  Authorizing  the  Submission  of  a  Proposed 
Amendment  to  the  Constitution  to  the  People  for  Their 
Approval1  or  Rejection;  Said  Proposed  Amendment  Pro- 
viding for  the  Levying  of  a  Tax  for  the  Benefit  of  the 
Common  Schools  and  the  Distribution  Thereof. 
Be  it  Resolved  by  the  House  of  Representatives  and  the 
Senate  of  the  State  of  Oklahoma: 

The  following  proposed  amendment  to  the  Constitution  of 
the  State  of  Oklahoma  shall  be  referred  to  the  people  for 
their  ratification  or  rejection  at  the  general  election  to  be 
held  in  the  year  1912.  Said  proposed  amendment  shall  be 
submitted  under  Article  5  and  24  of  the  Constitution  and 
under  the  provisions  of  Article  1  of  Chapter  44  of  the  Ses- 
sion Laws  of  Oklahoma,  1907-08,  to  be  known,  if  adopted 
or  approved  by  a  majority  of  votes  cast  at  such  election, 
as  Section  31,  Article  10,  of  the  Constitution. 

Section  31.  The  Legislature  shall  have  power  to  levy  taxes 
in  the  aid  of  the  common  schools  of  the  state  and  to  provide 
for  the  apportionment  and  distribution  thereof.  Whenever 
the  amount  realized  from  a  five  mill  ad  valorem  levy  and  all 
other  sources  shall  be  insufficient  to  maintain  the  common 
schools  in  any  district  five  months  in  any  year  the  remaiing 
sum  necessary  to  so  maintain  such  school  shall  be  apportioned 
and  paid  out  of  such  state  levy. 

Said  proposed  amendment  shall  be  submitted  in  the  fol- 
lowing, form : 

Shall  the  Proposed  amendment  be  adopted? 

Yes 

No 


Said  proposed  amendment  to  the  Constitution  of  the  State 
of  Oklahoma,  shall,  upon  receiving  a  majority  of  all  electors 
voting  at  said  election,  voting  in  favor  of  said  amendment, 
be  adopted  and  shall  constitute  a  new  section  to  be  known 
as  Seeton  31,  of  Artcle  10. 

Passed  the  House  of  Representatives  January  23,  1911. 

W.  A.  DURANT, 

Speaker  of  the  House  of  Representatives, 
Passed  the  Senate  the  llth  day  of  March,   1911. 

J.   ELMER   THOMAS, 
President  Pro  Tempore  of  the  Senate. 
Approved  March  Sixteenth,  1911. 

LEE  CRUCE, 
Governor  of  the  State  of  Oklahoma. 

W.  H,  NEW, 
Chairman  Committee  on  Enrollment. 


ENROLLED. 


I 


House  Bill  No.  85. 

By  Logan. 

AN  ACT 

To    Give   to    Commercial    Clubs,    Chambers    of   Commerce,    or 
Other   Similar   Organizations,   a    Right  to    Lease   and    Pur- 
chase State  Lands  Prom  the  Commissioners     of  the     Land 
Office  and  Declaring  an  Emergency. 
Be  it  Enacted  by  the  People  of  the  State  of  Oklahoma: 

Section  1.  That  any  Commercial  Club,  Chamber  of  Com- 
merce, or  other  similar  organization,  incorporated  under  the 
laws  of  the  State  of  Oklahoma,  of  any  city,  town  or  village 
of  the  State  of  Oklahoma,  shall  be  permitted  to  lease  or  pur- 
chase land  from  the  Commissioners  of  the  Land  Office  of  the 
State  of  Oklahoma,  under  the  same  rules  and  regulations  as 
other  lesses  or  purchasers  of  state  land;  Provided,  that  said 
land  so  leased  or  purchased  must  be  located  within  one  mile 
of  the  corporate  limits  of  said  'city,  town  or  village.  Provided, 
that  not  more  than  three  hundred  and  twenty  acres  of  said 
land  shall  be  leased  or  sold  to  such  organization  in  any  city, 
town  or  village. 

Section  2.  For  the  preservation  of  the  public  peace,  health 
and  safety,  an  emergency  is  hereby  declared  to  exist,  by  reason 
whereof  this  act  shall  take  effect  and  be  in  full  force  from 
and  after  its  passage  and  approval. 

Passed  the  House  of  Representatives  this  24th  day  of  Feb- 
ruary, 1911. 

W.  A.  DURANT, 

Speaker  of  the  House  of  Representatives. 
Passed  the  Senate  this  the  4th  day  of  March,  1911. 

J.  J.  McALESTER, 

President  of  the  Senate. 
Approved  March  Sixth,     1911. 

LEE   CRUCE, 
Governor  of  the  State  of  Oklahoma. 

W.  T.   CLARK, 
Acting  Chairman  of  Committee  on  Enrollment. 

— 5 — 


ENrROJLLEDL . 


House.  Rill  No.  86, .  . 

Byl'Logan; 

AN-  ACT,  ^ 

ToTGive  Any  Purchaser  ot  .School , Land  Situated  Within  One 
Mile 'of  the1  Corporate  Limits  .of  Any  City,  Town  or  Village' 
in  the  State  of  Oklahoma,  the  Privilege  of  Paying  All 'De- 
ferred Payments  on  Said  Land  at.  Any  Time  After  the  Pur- 
chase Thefeof- and  ^  Repealing  All  Acts  in  'Conflict  Here- 
with. 
Be  it  Enacted- by  the  People- oLthe  State  of  Oklahoma: 

Section  -I.1  The  purchaser,  of.  any.  school  land,  FdTcT~by  the 
C6mmissiohers  of  the  Land  office  of,  the  State  of  Oklahoma, 
sitiiate'tt •  "within  one.  jnile-  oL  the  .corporate  limits  of  any  city, 
town  or  village  in  the  State  of  Oklahoma,  shall  'have  the 
privilege  -at-  the  -tinre  ,of  -the  .purchase,  or  at  ,any  time  there- 
after, to  pay  any  -  or  all-  deferred  .payments,  both  principal 
and  accrued  interest  to  the  Commissioner  of  the  Land  Office 
of  the  i3fate  t)f  Oklahoma,  and  upon  such.p'aymeht  being  "made 
the  patent  for  said -land -shall- -be, issued  , to  the  purchaser  or 
his  assigns  by  the  Commissioner  ..of  ..the  Land  .Office  'of  the 
State  of  Oklahoma,  as  provided  by  law. 

Section  2:  Air -acts  and -parts  ..of  ..act?  in  conflict  herewith, 
are  hereby  repealed.- 

Passed  "the  House  o,f  Representatives,  this  the  24th  day  of 
February;, .  1#1 ;!  i  ; 

W.  A.  DURANT, 

Speaker  of -the  House  of  Representatives. 
1  assed-  tjie  Senate  this,  the  4th  day  of "March,"  1911.    : 

J,  ELMER  tHQMAS, 
President  Pro,  Tempore  of  the  Senate. 
Myarch  Sixth ,1911. 

LE^]  CRUCE, 
Governor  of.  the  State  of  Oklahoma. 

W..  T.  CLARkr 
Acting  Chairman  of  Committee  on 'Enrollment. 

ENROLLED. 


House  Bill  No.  95. 

By  Coffey  of  the  Senate  and  Woodson  of  the  House. 

AN     ACT 

^Setting  Aside  and  Creating  a  Fund  to  .be  Known  as  Consoli- 
dated School  District  Fund,   for  a   Specified  Use,   All      the 
'Lands,  and  Funds  Derived  from  the  Sale  Thereof,  Embradetf 
;in  Section  33,  and  ;Lands  Selected  in  .Lieu  Thereof,  Lodatefl 
in  Greer  County,  as  the  .County  Existed  .Prior  to  Statehood, 
Together 'With   the   Proceeds  of  All  Incomes 'Derived,      or 
'That  ^May    Accrue   Therefrom    Ma-king  'Proyisiohs    for    the 
Sale  of  ^aid'Land. 
'Be  it  Enacted  by- the  People  of  the  State  of  Oklahoma: 

Section'!.  All- the- lands  and  funds  that \  have  Heretofore 
1  been  or  may  hereafter  be  derived  from  .the  sale  thereof,  em- 
1  braced  in  Section  33  accordiTig.  to  the  United  States'  survey, 
'located'  in 'Greer  county,  as  the  county  existed  prior  to  Novem- 
f  ber  :  16:th,  ^967, ;  together,  with  all",  lauds  selected  in  lieu 


« thereof ,  and  the  proceeds  of  all  rentals,  interests  and  sales 
accrued,  or  that  may  accrue  therefrom,  shall  be  set  aside 
and  credited  to  a  fund  which  is  hereby  created,  to  be  known 
as  the  "Union  .Graded  or  Consolidated  School  District  Fund" 
the  same  to  be  used  only  to  assist  in  constructing  or  'paying 
for  school  buildings  or  consolidated  school  districts  that  have 
been  or  may  hereafter  sbe  contructed  under  existing  laws  per- 
taining to  consolidated  school  districts. 

Section  2.  The  Commissioners  of  the  Land  Office  are  au- 
thorized and  directed  to  sell  and  convey  the  lands  described 
and  set  aside  in  Section  1  of  this  Act;  same  to  be  sold  under 
the  provisions,  limitations,  exceptions,  rules  and  regulations 
of  lands  sold  under  amended  Senate  Bill  No.  1,  approved 
March  2nd,  1909,  the  same  being  Article  2  of  Chapter  28  of 
the  Session  Laws  of  Oklahoma,  1909,  or  as  may  be  here- 
after provided  by  law. 

Section  3.  Such  funds  as  have  now  accrued  by  virtue  of 
rentals,  and  such  as  may  hereafter  accrue  by  virtue  of  rentals, 
and  the  proceeds  of  sale  and  interest  thereon,  prior  to  Jan- 
uary 1st,  1913,  are  hereby  appropriated  and  placed  at  the 
disposal  of  the  State  Board  of  Education,  subject  to  the 
conditions  and  limitations  contained  in  this  Act. 

Section  4.  The  State  Board  of  Education  in  apportioning 
said  fund  shall  make  such  rules  and  regulations  as  shall  ulti- 
mately result  in  a  fair  and  eouitable  distribution  of  said  fund 
to  the  different  counties  of  the  state,  in  proportion  as  nearlv 
as  may  be  possible  to  the  scholastic  population  outside  of 
cities  of  the  first  class. 

Section  5.  In  any  union  graded  or  consolidated  school  dis- 
trict that  has  been  formed  for  a  term  of  not  less  than  six 
scholastic  months,  and  has  employed  at  least  three  teachers, 
and  has  an  actual  attendance  during  the  said  term  of  not 
fewer  than  one  hundred  thirty  scholastic  pupils  residing 
within  the  boundary  of  said  district,  (the  district  having  fur- 
nished free  transportation  to  such  as  are  contemplated  by 
the  law  provided  for  consolidated  school  districts),  and  that 
has  already  constructed  and  furnished  a  suitable  building  of 
rot  fewer  than  three  rooms,  upon  making  proof  of  com- 
pliance with  the  foregoing  provisions  approved  by  the  State 
Superintendent  of  Public  Instruction,  shall  have  drawn  by 
the  State  Auditor  upon  tbe  State  Treasury  against  said 

•  building  fund  in  favor  of  tbe  treasurer  of  said  consolidated 
schcol  district,  a  warrant  for  a  sum  not  to  exceed  one-half 
tbe  co?t  of  said  building.  Provided,  that  in  no  case  shall 
any  district  receive  a  sum  exceeding  twenty-five  hundred 
($2,500.00)  dollars,  from  the  appropriation  herein  made: 
provided,  that  the  State  Board  of  Education  may  decrease 
this  amount  if  in  its  judgment  the  amount  is  greater  than 
a  fair  proportion  belonging  to  one  district. 

Section  6.  Whenever  a  school  district  of  not  less  than 
twenty-five  (25)  square  miles  in  area  shall  have  been  estab- 
lished and  conducted  for  a  period  of  riot  less  than  six  months 
under  the  terms  of  existing  laws  with  reference  to  the 
consolidation  of  schools,  and  a  building  containing  not  fewer 
than  three  rooms,  suitably  constructed,  equipped  and  fur- 
nished shall  have  been  built,  and  a  graded  school  employing 
not  less  than  three  teachers  shall  have  been  conducted  for  a 


term  of  not  less  than  six  months,  upon  making  proof  of 
compliance  with  the  foregoing  provisions  approved  by  the 
State  Superintendent  of  Puonc  Instruction  shall  have  drawn 
a  warrant  in  favor  of  the  district  treasurer  as.  provided  in 
Section  5  of  this  act. 

Passed  the  House  of  Representatives  this  the   28tn   day  of 
February,   1911. 

W.  A.  DURANT,       • 

Speaker  of  the  House  of  Representatives. 
Passed  the  Senate  this  the  llth  day  of  March,  1911. 

J.  ELMER  THOMAS, 
President  Pro  Tempore   of  the   Senate. 
Approved  March  Twentieth,  1911. 

LEE    CRUCE, 
Governor  of  the  State  of  Oklahoma 


ENROLLED. 


House  Bill  No.108. 

By  Barrett  and  A-kin.       AN  ACT 
Providing  for  the  Attendance  of  School   Children  in  Districts 

Other  than  the  Districts  in  Which  They  Reside: 
Be  it  Enacted  by  the  People  of  the  State  of  Oklahoma: 

Section  1.  The  county  superintendent  of  any  county  in  this 
state,  may  when  in  his  judgment  the  best  interests  of  the 
schools  will  net  be  adversely  affected,  and  when  requested  by 
the  parents  or  guardian,  permit  children  living  in  any  school 
district  in  this  state  at  a  distance  of  two  miles  or  more  from 
the  school  house  at  the  home  district,  to  attend  school  in 
another  district,  by  giving  notice  in  writing,  to  the  school 
boards  of  the  two  school  ditsricts  affected,  at  least  two 
months  before  beginning  of  school  in  either  district.  When 
the  county  superintendent  authorizes  such  transfer  of  children 
from  one  district  to  another,  he  shall  tranfer  the  state,  county, 
and  school  district  funds  for  such  children  from  the  district 
in  which  they  reside  to  the  district  in  which  they  attend 
school.  Provided  that  any  child,  prepared  to  enter  a  grade 
higher  than  is  offered  by  the  home  district,  shall  be  en- 
titled, on  written  request  of  the  parent,  to  transfer  in  the 
same  manner  as  described  in  this  act,  to  a  district,  town  or 
city  school  offering  such  higher  grade  of  work. 

Section  2.  After  having  given  notice  of  the  proposed 
change  of  districts,  the  parents  and  children  shall  be  bound 
for  the  school  year  unless  released  by  act  of  the  majority  ot 
the  school  board  of  each  district  affected.  The  children  shall 
be  governed  by  the  regulations,  rules  and  the  compulsory 
school  law  of  the  district  in  which  they  have  chosen  to  at- 
tend school. 

Section  3.  Renters  and  others  who  come  into  a  school 
district  after  the  school  term  has  begun  may  make  a  choice 
of  schools  under  the  above  regulations  by  giving  notice  as 
soon  as  a  residence  has  boen  established,  and  their  children 
shall  be  enumerated  for  that  year  by  the  school  board  for 
the  district  in  which  they  shall  attend  school. 

Passed  the  House  of  Representatives,  this  the  6th  day  of 
February,  1911. 

— 8 — 


W.  A.  DURANT, 

Speaker  of  the  House  of  Representatives. 
Passed  the  Senate,  this  the  llth  day  of  Marsh,  1911. 

J.  ELMER  THOMAS, 
President  Pro  Tempore  of  the  Senate. 
Approved    March   Sixteenth,   1911. 

LEE    CRUCE, 
Governor  of  the  State  of  Oklahoma. 

W.  H.  NEW, 
Chairman  Committee  on  Enrollment. 


ENROLLED. 


House  Bill  No.  145. 

Hy  Sleen  and  Jayne  of  the  House  and  Graham  of  the  Senate. 

AN  ACT 

Directing  County  Superintendents  of  Public  Instruction  to  Em- 
ploy the  Teachers  for  the  Separate  or  Minority  Schools  in 
Their  Respective  Counties,  Empowering  Them  to  Prescribe 
Rules  and  Regulations  for  the  Government  of  Such  Schools, 
Repealing  All  Laws  in  Conflict  Herewith,  and  Declaring  an 
Emergency. 
He  it  Enacted  by  the  People  of  the  State  of  Oklahoma: 

Section  1.  It  shall  hereafter  be  the  duty  of  all  County 
Superintendents  of  Public  Instruction  to  contract  with  and 
employ  all  the  teachers  for  the  separate,  or  minority 
schools  now  maintained  or  hereafter  to  be  established  in  their 
respective  counties;  said  teachers  before  being  so  employed 
shall  possess  all  the  qualifications  which  are  now  required 
by  law,  and  shall  be  paid  in  the  same  manner  as  is  now  pro- 
vided by  law. 

Section  2.  The  County  Superintendent  of  Public  Instruction 
shall  have  the  power  to  prescribe  rules  and  regulations  for 
the  government  of  said  separate  or  minority  schools. 

Section  3.  An  emergency  is  hereby  declared  to  exist  by 
reason  whereof  it  is  necessary  for  the  immediate  preservation 
of  the  public  health  and  safety  that  this  act  take  effect  and 
lie  in  force  from  and  after  its  passage  and  approval. 

Passed  the  House  of  Representatives  the  15th  day  of  Feb- 
ruary, 1911. 

W.  A.  DURANT, 

Speaker  of  the  House  of  Representatives. 
Passed  the  Senate  the  llth  day  of  March,  1911. 

J.  ELMER  THOMAS, 

i        President  Pro  Tempore  of  the  Senate. 
Approved  March  Sixteenth,  1911. 

LEE   CRUCE, 

Governor  of  the  State  of  Oklahoma, 
v  W.  H.  NEW, 

Chairman  Committee  on  Enrollment. 


ENROLLED. 

House  Bill  No.  396. 

By  Wright,  Fuller  and  Jackson. 

AN  ACT 
Requiring  Treasurers^*  Cities,  Towns,  Villages,  Treasurers  of 


Boards  of  Education  of  Cities,  Township  Treasurer  and 
School  District  Treasurer,  to  Deposit  All  Money  Belonging 
to  Such  City,  Town,  Village,  Board  of  Education  of  Cities, 
Township  and  School  District  Funds,  in  Banks  Paying  3 
Per  Cent  Interest  on  Daily  Balances,  Fixing  Penalty  for 
Violation  Thereof,  and  Declaring  an  Emergency. 
Be  it  Er acted  by  the  People  of  the  State  of  Oklahoma: 

Section  1.  No  Treasurer  of  any  city,  town,  or  village,  Treas- 
urer of  the  Board  of  Education  of  any  City,  Township  Treas- 
urer, nor  School  District  Treasurer  in  this  state,  shall  de- 
posit any  of  the  money  belonging  to  such  city,  town,  village, 
the  Board  of  Education  of  such  city,  Township  Treasurer  or 
School  District  Treasurer,  in  any  bank  which  will  not  pay  for 
such  money  not  less  than  three  per  cent  interest  on  the  aver- 
age daily  balances  cf  all  such  money  in  said  bank;  provided 
such  inverest  shall  become  a  part  of  the  funds  on  deposit. 

Section  2.  Any  such  Treasurer  who  violates  Section  1  of 
this  act  shall  be  guilty  of  malfeasance  in  office  and  shall 
be  subject  to  removal  from  office. 

Section  3.  An  emergency  is  hereby  declared  to  exist  for 
the  immediate  preservation  of  the  public  peace  and  safety, 
by  reason  whereof  this  act  shall  be  in  force  and  effect  from 
and  after  its  passage  and  approval. 

Passed,  the  House  of  Representatives  this  the  24th  day  of 
February,  1911. 

W.  A.  DURANT, 

Speaker  of  the  House  of  Representatives. 
Passed  the  Senate  this  the  9th  day  of  March,   1911. 

J.  ELMER  THOMAS, 
President  Pro  Tempore  of  the  Senate. 
Approved  March  Eleventh,   1911. 

4    LEE    CRUCE, 
Governdr  of  the  State  of  Oklahoma. 

W.   H.  NEW, 
Chairman    Committee    on    Enrollment. 


SEXATE  BILL  XO.  62. 


By  Coffe}  of  the  Senate  and  Logan  and  McClintic  of  the  House 

A  BILL 

Entitled  An    Act  Providing  for  the    Sale  of  Such  School  Lands 
as  May  Be  Needed  for  Sites  for  School  Houses,  and  Declar- 
ing an  Emergency. 
Be  it  Enacted  by  the  People  of  the  State  of  Oklahoma: 

Section  1.  Upon  application  of  any  regularly  organized 
School  District  Board  to  the  Commissioners  of  the  Land  Office, 
wherein  it  is  made  to  appear  that  it  is  necessary  to  locate  a 
site  for  a  public  school  house  on  any  of  the  Public  School  Land 
or  State  Lands,  the  Commissioners  of  the  Land  Office  are  here- 
by authorized  and  directed  to  have,  or  cause  to  have,  such 
public  building  site  surveyed,  said  site  to  not  embrace  more 
than  four  acres  of  land,  and  said  Commissioner  shall  cause 
said  site,  so  located  and  surveyed,  to  be  appraised  as  pro- 
vided by  law.  and  when  said  School  District  Board  shall  have 
filed  with  said  Commissioners  of  the  Land  Office  a  relinquish- 
ment  of  the  preference  right  and  interest  held  therein  by  the 
lessee  of  said  site  so  located  and  surveyed,  or  when  said 

— 10 — 


School  District  Board  shall  have  condemned  the  preference 
right  and  interest  of  said  lessee  in  said  site,  express  authority 
being  herein  granted  to  such  School  District  Board  to  so 
condemn  such  lessee's  interest  in  any  such  land  for  the  pur- 
poses herein  mentioned  under  the  condemnation  procedure 
now  applicable  to  railroads,  and  shall  have  filed  with  said 
Commissioners  of  the  Land  Office  the  final  judgment  of  the 
court,  thereupon  said  Commissioners  of  the  Land  Office  shall, 
upon  the  payment  to  the  state  of  the  appraised  value  of 
said  site  and  tract,  so  located  and  surveyed,  make,  execute 
and  deliver  to  said  School  District  Board  a  patent  to  said 
tract,  as  provided  by  law. 

Section  2.  The  money  arising  from  the  sale  of  public 
school  land,  as  provided  in  Section  1  of  this  Act,  shall  be 
appropriated  and  used  in  the  same  manner  and  for  the  same 
purposes  as  money  arising  from  the  sale  of  other  public  school 
lands  of  the  state,  or  as  money  arising  from  the  leasing  of 
public  school  lands. 

Section  3.  An  emergency  is  hereby  declared  to  exist  for 
the  preservation  of  the  public  peace,  health  and  safety, 
wherefore  this  Act  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  approval. 

Passed  the  Senate  February  23rd,  1911. 

J.  ELMER  THOMAS, 
President  Pro  Tempore  of  the  Senate. 
Passed  the  House  of  Representatives  March   llth,   1911. 

W.  A.  DURANT, 

Speaker  of  the  House  of  Representatives. 
Approved  March  Twentieth,  1911. 

LEE    CRUCE, 

Governor  of  the  State  of  Oklahoma. 
Examined  and  found  correctly  enrolled. 

R.  P.  WYNNE. 
SENATE  BILL  NO.  85. 


By  Graham   of  the   Senate   and  Woodson  of  the  House. 

A  BILL 
Entitled 'An   Act   Giving   the    County   Superintendents   of   the 

State  of  Oklahoma  a  Right  to  Employ  One  Assistant;  Allow- 

nig  Them   Their   Necessary  and  Actual   Expenses   Incurred 

While    Inspecting  the   Schools   of   the   County   Once      Each 

Year,  and  Declaring  an  Emergency. 
Be  it  Enacted  by  the  People  of  the  State  of  Oklahoma: 

Section  1.  That  each  County  Superintendent  of  this  state 
shall  have  the  right  to  employ  an  assistant  or  clerk  who  shall 
receive  the  sum  of  fifty  dollars  ($50.00)  per  month;  said 
salary  to  be  paid  monthly  by  the  Board  of  County  Commis- 
sioners. 

Section  2.  That  each  County  Superintendent  of  this  state 
shall  be  allowed  all  actual  and  necessary  traveling  expenses 
while  away  from  home  inspecting  the  schools  of  the  county; 
Provided,  no  expense  shall  accrue  for  the  inspection  of  a 
school  more  than  once  annually. 

Section  3.  An  emergency  is  hereby  declared,  by  reason 
whereof  it  is  necesary  for  the  immediate  preservation  of  the 
public  peace,  health  and  safety  that  this  Act  ta-ke  effect  and 
be  in  force  from  and  after  its  pasasge  and  approval. 

— 11 — 


Passed"  by  the  Senate  March  8th,  1911..  ' 

j.  ELMER  THOMAS; 

President  Pro  Tempore  of  the  Senate 
Passed  by  the  House  of  Representatives  March  llth,   1911.   • 

W.  A.  OTRANT, 

Speaker  of  the  House  of  Representatives. 
Approved  March  Twenty- fourth,   1911. 

LEE    CRUCE, 

Governor  of  the  State  of  Oklahoma^ 
Examined   and  found  correctly  enrolled. 

R.  P,  WYNNE. 


SENATE  BILL,  NO.  10O. 

By  Jones, 

AN  ACT 

Relating  to  the  Issuance  of  Warrants  and  Certificates  of  In- 
debtedness; Providing  Manner  and  Limit  of  Issuance  of 
Any  Municipality;  Method  of  Registration  and  Payment; 
Providing  Penalties  for  Issuing  Warrants,  Eviden3es  01 
Certificates  of  Indebtedness  in  Any  Form  in  Excess  of  the 
Estimate  Made  and  Approved  for  the  Fiscal  Year  or  Au- 
thorized by  a  Bond  Issue,  and  Repealing  All  Acts  in  Con- 
flict Herewith. 
Be  it  Enacted  by  the  People  of  the  State  of  Oklahoma: 

Section  1.  All  public  funds  of  anv  county  or  of  any  sub- 
division thereof  shall  be  disbursed  only  in  the  payment  of 
legal  warrants,  bonds  and  interest  coupons. 

Section  2.  It  n  'nereby  made  the  duty  of  every  officer  au- 
thorized to  allow,  issue,  draw  or  attest  any  warrant  or  cer- 
tificate of  indebtedness  against  the  public  funds  of  any  county, 
city,  town,  township,  board  of  education,  school  district  or 
any  other  subdivision  of  the  county;  to  issue,  drawn  and  re- 
cord cl]  warrants,  bonds,  and  interest  coupons,  in  tbe  numeri- 
cal order  issued  on  each  fund,  beginning  with  number  one 
and  issuing  toe  same  consecutively  during  the  fiscal  year.  At 
tbe  beginning  of  each  fiscal  year  a  new  series  shall  be  com- 
menced, and  said  series  shall  be  designated  by  writing  the 
fiscal  year  en  the  warrant  or  certificate  of  indebtedness  for 
which  tbe  levy  to  pay  the  same  has  been  made. 

Se2tion  3.  The  term  "estimate  made  and  approved"  as 
used  herein,  is  defined  to  mean  the  itemized  statement  of 
the  estimated  needs  of  municipality  for  its  current  expenses 
for  the  ensuing  fiscal  year,  as  approved  and  fixed  by  the 
exci?e  board  or  by  vote  of  the  muni3ipality,  adding  thereto 
the  amount  necessary  to  create  a  sinking  fund  to  meet  matur- 
ing bonds,  judgments  and  interest  coupons,  but  the  amount 
or  limit  to  which  warrants  and  certificates  of  indebtedness 
may  be  issued,  shall  not  include  the  ten  per  cent  to  be 
added  to  the  estimate  for  delinquent  taxes. 

Section  4.  Each  and  every  warrant  or  certificate  of  in- 
debtedness must  be  drawn  against  a  specific  fund,  and  there 
shall  be  shown  on  such  warrant,  or  certificate  of  indebtedness, 
by  tbe  officer  or  person  issuing,  drawing  or  attesting  the  same, 
the  amount  of  the  estimate  made  and  approved  by  such  pur- 
pose for  tbe  fiscal  year  or  the  specific  amount  authorized  by  a 
bond  issue  for  said  purpose;  the  amount  of  warrants  or  cer- 

— 12 — 


tificates  of  indebtedness  issued  or  drawn  against  said  fund 
and  the  net  balance  to  the  credit  of  said  fund.  As  soon  as 
said  warrant,  certificate  of  indebtedness,  or  bond  is  issued,  the 
same  shall  be  at  once  signed  and  attested  and  forthwith  de- 
livered by  the  officer  attesting  the  same,  to  the  treasur<  r  of 
the  county  or  subdivision  thereof,  issuing  the  same  for  reg- 
istration. 

Section  5.  It  is  hereby  made  the  duty  of  the  treas\  rer 
of  the  county,  or  the  treasurer  of  any  subdivision  thereof,  to 
whom  a  warrant,  certificate  of  indebtedness  or  bond  is  di- 
rected for  payment,  to  register  the  same  in  a  book  to  be  -kept 
for  that  purpose  by  entering  therein  the  number,  the  date,  the 
name  of  the  payee,  the  fund  upon  which  it  is  drawn  and  the 
amount,  and  by  writing  in  the  warrant  or  evidence  of  indebt- 
ness,  the  date  of  registration,  his  name  and  official  title.  All 
warrants,  certificates  of  indebtedness  or  bonds  shall  be  reg- 
istered in  the  same  numerical  order  in  which  the-,-  have  been 
issued,  and  when  so  registered  shall  be  returned  to  the  officer 
attesting  the  same.  No  warrant,  certificate  of  indebtedness 
or  bond  shall  be  a  valid  charge  until  registered  by  the  treas- 
urer of  the  municipality  issuing  the  same.  Warrants  and  all 
•evidences  of  indebtedness  shall  bear  interest  at  the  legal  rate 
from  and  after  its  registration  by  the  treasurer,  unless  there 
is  cash  on  hand  to  pay  the  same  when  presented  for  regis- 
tration and  then  the  treasurer  shall  make  the  same  "payable'1 
after  registering  the  same,  and  no  interest  shall  be  computed 
or  allowed  thereon  when  paid.  When  the  treasurer  has 
money  on  hand  to  pay  warrants  duly  registered,  he  shall  pub- 
lish notice  thereof  in  one  issue  of  a  newspaper,  or  by  posting 
Pve  rotices  in  public  pTaces.  and  interest  shall  cease  on  said 
warrants  after  thirty  days  from  the  date  of  said  publication  or 
posting  of  said  notices. 

Section  6.  Warrants  and  certificates  of.  indebtedness  may 
be  issued  to  the  amount  of  the  estimate  made  and  approved 
by  the  excise  board  for  the  current  fiscal  year  or  to  the 
amount  authorized  for  such  purpose  by  a  bond  issue. 

Section  7.  It  shall  be  unlawful  for  any  officer  to  issue, 
approve,  sign,  attest  or  register  any  warrant  or  certificate  of 
indebtedness  in  any  form  in  excess  of  the  estimate  of  expenses 
made  and  approved  for  the  current  fiscal  year  or  authorized 
for  such  a  purpose  by  a  bond  issue,  and  any  such  warrant  or 
certificate  of  indebtedness  issued,  approved,  attested  or  regis- 
tered in  excess  of  the  estimate  made  and  approved  or  author- 
ized by  a  bond  issue,  shall  not  be  a  charge  against  the  mu- 
nicipality upon  which  it  is  issued,  but  may  be  collected  by  civil 
action  from  any  officer  issuing,  drawing,  approving,  signing, 
attesting,  resistering  or  paying  the  same,  or  from  either  or  all 
of  them  or  from  their  bondsmen. 

Section  8.  Any  treasurer  who  shall  register  or  pay  a  war- 
rant, or  certificate  of  indebtedness,  issued  in  excess  of  the 
estimate  made  and  approved  by  the  excise  board  for  the 
current  fiscal  year,  or  in  excess  of  a  bond  issue  for  such  pur- 
pose, shall  be  guilty  of  a  misdemeanor. 

Section  9.  It  shall  be  unlawful  for  the  Board  of  County 
Commissioners,  the  city  council  or  the  commissioners  of  any 
city,  the  trustees  of  any  town,  board  of  education,  township 
board,  school  district  board  of  any  member  or  members  of  the 

— 13 — 


aforesaid  commissioners,  or  of  any  of  the  above  named  boards, 
to  make  any  contract  for,  incur,  acknowledge,  approve,  allow 
or  authorize  any  indebtedness  against  their  respective  munic- 
ipality or  authorize  it  to  be  done  by  others,  in  excess  of  the 
estimate  made  and  approved  by  the  excise  board  for  such 
.purpose  for  such  current  fiscal  year,  or  in  excess  of  the 
spe3ific  amount  authorized  for  such  purpose  by  a  bond  issue. 
Any  such  indebtedness,  contracts,  incurred,  acknowledged,  ap- 
proved, allowed  or  authorized  in  excess  of  the  estimate  made 
and  approved  for  such  purpose  for  such  current  fiscal  year 
or  in  excess  of  the  specific  amount  authorized  for  such  pur- 
pose by  a  bond  issue,  shall  not  be  a  charge  against  the  mu- 
nicipality whose  officer  or  officers  contracted,  incurred,  ac- 
knowledged, approved,  allowed  or  authorized  or  attested  the 
evidence  of  said  indebtedness,  but  may  be  collected  by  civil 
action  from  any  official  contracting,  incurring,  acknowledg- 
ing, approving  or  authorizing  or  attesting  such  indebtedness, 
or  from  his  bondsmen. 

Section  10.  Any  officer  contracting,  incurring,  acknow- 
ledging, authorizing,  allowing  or  approving  any  indebtedness, 
or  any  officer  issuing,  drawing,  or  attesting  any  warrant  or 
certificate  of  idebtedness  in  excess  of  the  estimate  made  and 
approved  by  the  excise  board  for  such  purpose  for  such  cur- 
rent fiscal  year  or  in  excess  of  the  specific  amount  authorized 
for  such  purpose  by  a  bond  issue,  or  who  violates  any  other 
provision  of.  this  Act,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  shall  be  fined  not  less  than 
one  hundred  dollars  or  more  than  one  thousand  dollars,  and 
shall  forfeit  and  be  removed  from  his  office. 

Section  11.  All  acts  or  parts  of  acts  in  conflict  herewith  are 
hereby  repealed  to  the  extent  of  such  conflict. 

Passed  by  the  Senate  February  20,  1911. 

J.  ELMER  THOMAS, 
President  Pro  Tempore  of  the  Senate. 

Passed  by  the  House  of  Representatives  March  11,  1911. 

W.  A.  DURANT, 
Speaker  of  the  H6use  of  Representatives. 

Aproved  March  Fifteenth,  1911. 

LEE    CRUCE, 
Governor  of  the  State  of  Oklahoma. 

Correctly  enrolled. 

R.   P.   WYNNE. 


SENATE  BILL  NO.  132. 

As  Amended  by  Conference  Committee. 

By  Wynne,  Coffey  and  Williams  of  te  Senate,  and  Barrett, 
Akin,  Logan,  Durant,  Davison,  Clark  (of  Grant)  and  Williams 
(of  Comanche)  of  the  House. 

A  BILL 
Entitled  An  Act  to  Provide  for  a  State  Board  of  Education, 

Prescribing   Its    Powers    and      Duties      and    Declaring      an 

Emergency. 
Be  it  Enacted  by  the  People  of  the  State  of  Oklahoma: 

Section  1.  The  State  Board  of  Education  shall  consist  of 
seven  members  including  the  State  Superintendent  of  Public 
Instruction,  who  shall  be  the  President,  and  six  members  ap- 

— 14 — 


pointed  by  the  Governor  and  with  the  advice  and  consent  of 
the  Senate,. for  a  period  of  six  years,  except  as  hereinafter  prc- 
vidjed.  The  appointive"  Members  "Shall  possess  the, .  sanxe 
qualificatibjris  and  be' subject  to  the  same  restrictions  and  lim- 
itations :as  are  how  -required: of  the  Text  "B.oqk  Commission, 
an!d  at  least*  two  "cf  them  shall;  be:  practical  school  men  who 
shall  have, 'had  at  least  ;fou>r;  years  experience  in, actual  school 
work,. , two  years  of  which  shall  have  been  -in  the  State',  of 
Oklahoma,  Updn  the  passage  and  approval  of  this.'  Act  two 
members  shall  he  appointed  for  a  :term  ending  June'.  30th, 
1913,  two  members  for  a  term  ending.  June  3,0,  .1915,  and 
two  members  for  a  term  ending  June  3Q,  191  7,,  subsequent  ap- 
pointments, except  to  fill  vacancies,  shall  be  , for  the  full term 
of  six  years.  '  •  ",  '  ."'..' 

'The  appointive -members  :of.  said  .board  shall,  receive  as 
cdmperisatio'n  for  their  services  the  sum  of  six  ($6.00)  dollars 
per  day,  their  necessary  traveling  expenses,  and -actual  hotel 
expenses  not  to  exceed  three  ($3.00);  dollars  pei?  -day,  while 
\ri  the  performance  of  their  duties  and  they  shall  not  be 
removed  during  their  term  of  office  except  for  cause. 

;  There  shall  be  appointed  by  the  President  to  be  approved  by 
said  board,  a  secretary,  who  shall  receive  a  salary  of  "two 
thousand  dollars  per  annum,  and  a :  stenographer  .wlio,  shall 
receive  salary  tof  twelve  hundred  :dollars  per  annum,  payable 
monthly  and  said  positions  are  hereby  created. 

Section  2.  The  State  Board  of  Education,  organized  in  ' 
pursuance;  of  this  Act,  shall  be  the  legal  successor  of  the  State 
Board  of  Education  as  it  now: exists,  the  State  Text  JLJoc'k  Com- 
mission, .the.  Board  of  Regents  of  the.:  State  University,  the' 
Board  of  Regents  of  the  University  Preparatory  Schools  at 
Tfonkawa  and  Claremore,  the  Board  of  Education. now  in  con- 
trol of  the  State  Normal  Schools,  the  Board  of  Regents  of  the' 
0klahoma Industrial  Institute  and  College  for,  Girls  at  Chick- 
asha,  the  Board  of  Regents  of  the  School  of  Alines  and  Metal- 
lurgy at  Wilburton,  the  Board  of  Control  of  the  School  for  the 
Deaf  at  Sulphur,  the  Board  of  Control  for,  the  School  for  the 
Blind,  the  Board  of  Control  of  the  Boys',  Training  School  at 
pauls  Valley,' the  Board  of  Control  of  the  Orphans'  Home,  at 
Prypr  preek,  the  Board  of  Control  of  the  Institution  for  the 
Feeble  Minded  at  Enid,  the  Board  of  Regents  of  the  Colored 
AgricuHural  and  Normal  University ,  at  ;Langston,  the  Board 
of  Regents  of  the  Institute  for  the  Beat  Blind  and  Orphan^ 
Honie  for  the  Colored  at  Taft,  and  shall  have  all  the  po\yers. 
rights  and 'privileges  heretofore  legally  exercised  by  said 
.Boards;  Provided,  nothing  in  this  Act:  shall  invalidate  any 
^contracts  entered  into  by  the  Text  Book  .Commission.  Said 
(JB6ard  shall  have  the  following  additional  powers  and. duties': 
',  a.  ,  The.  general  supervision  of  the  public,  schools  of  the 
state. .  ; 

b.     To  formulate  and  adopt  courses  of  study  for  the  com- 
mon schools  and  county  normal  institutes,  and  arrange  courses 
of  study  and   adopt  text  books '  for  -use  in  the  higher  educa- 
'tionai  institutions     of  the  state. 

j  c..  .  To  formulate  rules'  and  regulations  governing  the 
1  issuance  of  all  certificates  tO'. teach  in  the  public  schools  of 
.  this. state.  .  '  '  • 

d.     To  prepare  questions  far  the  exapiijnatjoji  of.  a,ppjican,ts 


for  county  and  city  certificates  to  teach    in  the  public    schools 
of  the  state. 

e.  To  examine  applicants  for  state  certificates,  to  teach  in 
the  public  schools   of  the  state,   and   for  conductors'  and  in- 
structors' certificates  to  teach  in  the  county  normal  institutes. 

f.  To   prepare   examination   questions   for  graduates   from 
the  eighth  grade  of  the  public  schools. 

g.  To    classify   the   public   high   schools   of  the   state   and 
properly  accredit  them  to  the  various  higher  educational  insti- 
tutions of  the  state. 

h.  To  formulate  and  adopt  courses  of  study  for  state  pu- 
pils' reading  circles,  and  for  state  teachers'  reading  circles, 
and  to  select  boo-ks  to  be  used  in  said  reading  circles,  and  to 
prepare  questions  for  the  issuance  of  reading  circle  certifi- 
cates. 

i.  The  State  Board  of  Education  jshall  make  a  biennial 
report  to  the  Governor  and  Legislature,  setting  forth  the 
work  of  the  board  and  the  condition  of  the  schools  of  the 
state.  The  board  shall  also  prepare  and  submit  to  the 
Governor  thirty  days  before  the  convening  of  each  regular 
pessicn  of  the  Legislature  a  budget  estimating  the  necessary 
appropriations  for  each  of  the  institutions  under  their  man- 
agement and  control. 

j.  Upon  application  having  been  made  in  writing  by  the 
organization  representing  the  commercial  and  business  col- 
leges and  institutions  in  this  state,  it  shall  be  the  duty  of 
said  board  to  formulate  rules  and  regulations  which  shall 
govern  the  organization,  operation,  management  and  control 
of  said  commercial  and  business  colleges;  the  authority  herein 
granted  is  in  addition  to  that  above  stated  to  extend  to  the 
formulation  and  adoption  of  courses  of  studies,  the  length  of 
time  necessary  to  complete  same,  and  rules  and  regulations 
governing  the  issuance  of  diplomas  by  said  commercial  col- 
leges. 

Section  3.  For  the  preservation  of  the  public  health  and 
safety  an  emergency  is  hereby  declared  to  exist,  by  reason 
whereof  it  is  necessary  that  this  Act  take  effect  and  be  in 
force  from  and  after  its  passage  and  approval. 

Passed  by  the  Senate  March  3rd,  1911. 

J.  ELMER  THOMAS, 
President  Pro  Tempore  of  the  Senate. 

Passed  by  the  House  of  Representatives  March  6,  1911. 

W.  A.  DURANT, 
Speaker  of  the  House  of  Representatives. 

Approved  March  Sixth,  1911. 

LEE    CRUCE. 
Governor  of  the  State  of  Oklahoma. 

Examined  and  found  correctly  enrclled. 

GEO.   A.  COFFEY, 

Chairman. 


RNROLLKD. 


Senate  Bill  Xo.    13». 

By  Wynne  of  the  Senate  and  Akin  of  the  House 

A  BILL 
Entitled  an  Act  Empowering  the  State  Superintendent  to  Ap- 

— 16 — 


point  a  State  Inspector  of  Schools;    and  Fixing  His  Duties 
and  Salary. 
Be  it  Enacted  by  the  People  of  the  State  of  Oklahoma: 

Section  1.  The  State  Superintendent  may  appoint  a  Tstate 
School  Inspector,  who  shall  visit  and  inspect  the  city,  town 
and  rural  schools  of  the  State,  and  aid  in  giving  information 
and  assistance  in  the  organization  and  maintenance  taereof 
This  Inspector  shall  assist  the  State  Superintendent  in  pre- 
paring such  special  reports  to  the  Governor,  Legislature  and 
State  Board  of  Education  bearing  upon  the  condition  and 
needs  of  the  city,  town  and  rural  schools  of  the  State  as  may 
be  advisable.  It  shall  also  be  the  duty  of  this  Inspector  to 
confer  with  each  city  and  county  superintendent  concerning 
the  condition  and  needs  of  the  schools  in  his  city  or  county, 
to  consult  with,  school  officers,  patrons  and  teachers  in  regard 
to  school  management,  discipline,  branches  of  study,  school 
law  and  school  sanitation,  and  by  public  lectures,  conferences 
and  meetings  endeavor  to  arouse  an  intelligent  interest  in  in- 
dustrial and  agricultural  education,  as  well  as  in  the  routine 
work  of  the  schools.  He  shall  investigate  and  report  to  the 
Superintendent  plans  for  a  better  and  more  economical  organ- 
ization of  tfce  state  school  system,  and  more  perfect  articula- 
tion thereof.  He  shall,  as  far  as  practicable,  encourage  and 
assist  in  the  organization  and  establishment  of  consolidated 
rural  schools  and  rural  high  schools. 

Section  2.  The  Inspector,  provided  for  by  this  Act,  shall 
work  under  the  direction  of  the  State  Superintendent,  and 
shall  report  to  him  as  often  as  may  be  necessary  concerning 
the  condition  of  the  schools  inspected  by  him  in  the  discharge 
of  his  duties.  When  the  schools  are  not  in  session,  said  In- 
spector shall  be  assigned  to  other  duties  by  the  State  Super- 
intendent. 

Section  3.  The  State  School  Inspector  shall  receve  an  an- 
nual salary  of  eighteen  hundred  dollars  ($1,800.00).  and 
shall  be  reimbursed  for  all  actual  and  necessary  traveling  ex- 
penses when  duly  certified  to  by  the  State  Superintendent. 

Section  4.  Section  5884  of  the  Statutes  of  1893  (the  same 
being  Section  7962  of  Snyder's  Compiled  Laws)  is  hereby  re- 
pealed. 

Passed  by  the  Senate  March  8,  1911. 

J.  ELMER  THOMAS, 
President  Pro  Tempore  of  the  Senate. 
Passed  by  the  House  of  Representatives  March  11,  1911. 

W.  A.  DURANT, 

Speaker  of  the  House  ot  Repiesentatives. 
Approved  March  22nd,  1911. 

LEE    CRUCE, 

Governor  of  the  State  of  Oklahoma. 
Correctly  enrolled. 

R.  P.  WYNNE. 


ENROLLED. 


House  Bill   Xo.   462. 

By  Williams  (of  Ccmanshe.) 

AN  ACT 
To  Provide  for  the  Transportation  of  Pupils  in  Consolidated 

— 17 — 


Schobl   Districts,'  and  Repealing  ;  all,  A<»ts  in.  Conflict   Here- 

' 


, 

Be.  it  Enacted  by  tile'  People  of  the  State  of  Oklahoma: 

Section    1.  'Section    4    of  Article    1,  •  'Chapter-  33,  -.,La^s   of 
Oklahoma,,  is  hereby  amended  to  read  as  -follows:. 

.Section    4.      The   powers  and    duties  ;of  the,  District    Board 
her£in;  provided  and  of  its  several;  officers  shall  be  the  same 
as  those  provided  by  law  :for  school  district  boards  and  .their 
several  officers,  and  'hi  'addition,  it  shall  be.  the.  duty  of  said 
District  Board  to  provide  transportation  to  and  from   school 
far  all  pupils  living  one  and  one-ha-lf  miles  or  more  therefrom, 
.iri  suitable  vehicles  of  ample.  size,  with  somfcrtable     seats  ar- 
ranged to  conform  to  the  sizes  of  the  pupils  to  be  carried  with 
an    adjustable    cover    for   tiie:  comfort    and   protection   o.f   the 
pupils,   drawn   by  stout,   gentle  teams  and  driven  by.  persons 
of  good  moral  character;  ;who  shall  have-control  of  said  pupils 
during  tWir   transportation^    provided1,    however,-.  that     .when 
a  ^majority  of  the   voters  voting  at  a;  special,  meeting  called 
by  prbper  notices1  as   provided  in  law  shall  vote  to  do'  away 
Jvith    the  transportation"  by   the  district,  :  then   transp.ortation 
sb^all  .not,  .be  mandatory.   ?     .• 

'Section  ;2v     All  acts-  and  parts  of  -acts  in  con-fli2t  herewith 
be,  and  the  same  are  hereby  rep.ealed:      ; 

Passed  the  House  of  Representatives  M^irch  .1,  1911. 
;  "''    -'•'--.<•:    i  :.    '.9;  '.          W.  A.'DURANt,    : 

Speaker'  of  tile;  Hou^e/of  -Representatives 
Passed  the  Senate  March  11,  l&ll/.        ,  ••  .,'      .-.,      ( 
:  ......  ;il!l    -  J.  ELMER  THOMAS, 

',  V  President  of  the  Senate 
Approved  March    22,  '  LSJli.r  '  .         ^    , 

"     ."LEE-CRUCE, 
'-        (Jovernor  .of  the  State  of  Oklahoma. 

;  wl  H:  'NEW;  -, 

,»,  Chairman  Committee  on  Enrollment.. 

"  *      i    O      *— 

—  18  — 


THIS   J3UUJ*.   IS   JJUJti    UJN    TCOJS    JjAST 

STAMPED  BELOW 


AN  INITIAL  FINE  OF  25  CENTS 

WILL  BE  ASSESSED  FOR  FAILURE  TO  RETURN 
THIS  BOOK  ON  THE  DATE  DUE.  THE  PENALTY 
WILL  INCREASE  TO  SO  CENTS  ON  THE  FOURTH 
DAY  AND  TO  $1.OO  ON  THE  SEVENTH  DAY 
OVERDUE. 


APR  2 

APR  24.  1Q4SF 

LD  21-100m-7,'39(402s 

247909 


; 

O3 


